NEW INDIA ASSURANCE CO. LTD.versusPRATAPSINH MERUBHA PARMAR
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal was dismissed solely because the awarded amount was small, and such dismissal does not set a precedent.
Summary
The dispute stemmed from a road accident for which the claimant was awarded Rs. 3,32,000 as compensation with interest. The insurer, New India Assurance Co. Ltd., filed a first appeal against the award. The respondent contended that the appeal should not be entertained because the quantum of the award was small. The High Court examined whether an appeal could be dismissed solely on the ground of the smallness of the amount without addressing the merits. It dismissed the appeal, emphasizing that the dismissal was to avoid physical and financial hardship to the claimant and that the order would not serve as precedent. The court directed that the awarded amount be released to the claimant and permitted the appellant to revive the appeal if necessary.
Issues considered
- Whether an appeal may be dismissed solely on the ground of the smallness of the amount awarded without examining the merits
Subjects
Judgment
C/FA/534/2015 JUDGMENT DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 534 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J. L. ODEDRA
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Approved for Reporting Yes No
✔
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NEW INDIA ASSURANCE CO. LTD.
Versus
PRATAPSINH MERUBHA PARMAR & 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. 3
MR HARDIK C RAWAL(719) for the Defendant(s) No. 4
MR R.K.MANSURI(3205) for the Defendant(s) No. 1,2
RULE NOT RECD BACK for the Defendant(s) No. 5,6
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 25/02/2026
JUDGMENT
1. Heard learned advocate for the respective parties.
2. Learned advocate for the respondent/s 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 learned Tribunal has
Page 1 of 3
C/FA/534/2015 JUDGMENT DATED: 25/02/2026
awarded amount of Rs. 3,32,000/- as compensation at the
rate of 9% per annum from the date of filing of the petition
till realization of awarded amount, along with
proportionate costs, from the opponents. 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 first appeal stands dismissed.
3. It is made clear that the present first 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 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 financially on the part of the original
claimant to appear and defend the case.
4. Therefore, this order shall not be cited as precedent in any
pending matters before any Court in the State of Gujarat.
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C/FA/534/2015 JUDGMENT DATED: 25/02/2026
5. 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 verification by
transferring said amount/s to the account/s of claimant/s
by RTGS or NEFT.
6. The appellant is at liberty to revive the appeal in case of
difficulty.
(J. L. ODEDRA, J)
SUDHIR
Page 3 of 3
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 02/03/2026 18:43:39
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