NEW INDIA ASSURANCE CO. LTD.versusMARGHABEN CHHAGANBHAI VAGHELA
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- D M VYAS
Holding
The appeal is dismissed solely on the ground of the smallness of the amount involved.
Summary
The insurance company New India Assurance Co. Ltd. appealed against a lower court order involving a claim of Rs.4,46,900. The sole ground raised for the appeal was the alleged merit of the claim. The High Court examined whether an appeal should be entertained when the amount in dispute is relatively small. The Court held that it is not inclined to entertain appeals solely on the basis of the smallness of the amount, and consequently dismissed the appeal on that ground. No merits of the underlying dispute were considered, and the dismissal does not affect related issues in other appeals by the insurer.
Issues considered
- Whether an appeal involving a claim of Rs.4,46,900 should be entertained despite the small quantum of the amount.
Subjects
Judgment
C/FA/528/2016 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 528 of 2016
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NEW INDIA ASSURANCE CO. LTD.
Versus
MARGHABEN CHHAGANBHAI VAGHELA & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 5
MR VIJAY H NANGESH(3981) for the Defendant(s) No. 7
MS AMRITA AJMERA(5204) for the Defendant(s) No. 2,3,4
RULE SERVED for the Defendant(s) No. 1,6,8
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 19/01/2026
ORAL ORDER
Heard learned Advocates for the respective parties.
Considering the fact that the amount involved is
Rs.4,46,900/-, this Court is not inclined to entertain the
appeal solely on the ground of smallness of amount
involved. Hence, the present appeal is dismissed solely on
the ground of smallness of the amount involved. It is
clarified that this Court has otherwise not examined the
merits of the case and the dismissal of the present appeal
have no bearing on the cognate issues being urged at the
hands of the insurance company in other appeals.
(D. M. VYAS, J)
Anuj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 19/01/2026 17:42:01
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