NATIONAL INSURANCE COMPANY LTDversusRAJENDRASINH MAHIPATSINH JADEJA EXPIRED
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal was dismissed because the amount involved was small, and the order was not intended to set a precedent.
Summary
The National Insurance Company Ltd appealed against an award of Rs.302,500 granted to the heirs of the deceased Rajendrasinh Mahipatsinh Jadeja arising from a road‑accident claim. The appellant argued that the award should be set aside, while the respondents contended that the appeal should not be entertained because the amount involved was modest. The Court observed that the disputed sum was small and that there was no substantive dispute over the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that the order was not intended to create any precedent. The Court also directed the release of the awarded compensation to the claimants and allowed the appellant the liberty to revive the appeal if necessary.
Issues considered
- Whether an appeal can be dismissed solely on the basis of the smallness of the amount claimed
Subjects
Judgment
C/FA/4923/2022 ORDER DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4923 of 2022
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NATIONAL INSURANCE COMPANY LTD
Versus
RAJENDRASINH MAHIPATSINH JADEJA EXPIRED & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 7.1,7.2,7.3
SIDDHANT R SHAH(8722) for the Defendant(s) No. 4,5,6
UNSERVED EXPIRED (N) for the Defendant(s) No. 7
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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.3,02,500/-. 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
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C/FA/4923/2022 ORDER DATED: 26/02/2026
account of smallness of the amount and the order passed by
this Court shall not be treated as precedent so as to say that
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 12:08:01
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