ORIENTAL INSURANCE CO LTDversusCHIMANBHAI AMBALAL PATEL
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on the ground of the smallness of the amount, without addressing the merits of the case.
Summary
The appellant Oriental Insurance Co. Ltd filed a first appeal against a decree awarding Rs.1,85,000 to the respondents Chimanbhai Ambalal Patel and others arising from a road accident. The respondents argued that the appeal should not be entertained because the amount in dispute was minimal. The Court observed that the sum was indeed small and, noting there was no substantive dispute over the accident, decided that the appeal did not merit consideration on its merits. Consequently, the appeal was dismissed solely on the ground of the smallness of the amount, with a direction that the order not be treated as precedent. The awarded amount was to be released to the claimants after verification.
Issues considered
- Whether an appeal involving a modest monetary claim (Rs.1,85,000) should be entertained on its merits
- Whether the Court can dismiss an appeal solely on the basis of the smallness of the amount
Subjects
Judgment
C/FA/3497/2012 ORDER DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3497 of 2012
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ORIENTAL INSURANCE CO LTD
Versus
CHIMANBHAI AMBALAL PATEL & ORS.
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Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR PARTH S TOLIA(5617) for the Defendant(s) No. 1
MR SAMIR AFZAL KHAN(3733) for the Defendant(s) No. 2,3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 26/02/2026
ORAL ORDER
Heard learned advocates for the respective parties.
Learned advocate for the respondents pointed out that
the captioned appeal may not deserve the consideration on
merits owing to the smallness of the amount awarded to the
claimant/s. It is noticed that the disputed amount involved in
the present appeal is Rs.1,85,000/-. This is a small and
meager amount and considering the aspect of having no
dispute in regards to the road accident, I am of the opinion
that this appeal may not deserve consideration, more
particularly, on the ground of smallness of amount.
Accordingly, present #rst appeal stands dismissed.
In view of the order passed in main appeal, connected
application, if any, stands disposed of, accordingly.
It is made clear that present #rst appeal is dismissed on
account of smallness of the amount and the order passed by
this Court shall not be treated as precedent so as to say that
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C/FA/3497/2012 ORDER DATED: 26/02/2026
this Court has decided any issue on merit. The whole purpose
to dismiss the appeal on account of smallness of amount is
with a view to avoid hardship both physically and #nancially on
the part of the original claimant/s to appear and defend the
case.
Therefore, this order shall not be cited as precedent in
any pending matters before any Court in the State of Gujarat.
If any amount of compensation, or any statutory amount,
lying deposited with the Registry of this Court shall be
transmitted to the learned Tribunal concerned.
R & P, if any, to be sent back to the concerned Court
immediately. The entire award amount be disbursed and
released in favour of claimant/s after due veri#cation by
transferring said amount/s to the account/s of claimant/s by
RTGS or NEFT.
The appellant is at liberty to revive the appeal in case of
di.culty.
(MOOL CHAND TYAGI, J)
GIRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 03/03/2026 12:49:32
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