DIVISIONAL CONTROLLERversusBAJAJ ALLIANCE GENERAL INSURANCE CO LTD
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount claimed.
Summary
The Divisional Controller appealed against an order of the Tribunal concerning a road‑accident claim against Bajaj Alliance General Insurance Co. Ltd. The insurer had offered to pay Rs. 3,69,500, which the appellant considered insufficient. The High Court observed that the quantum of the claim was small and that there was no 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 set a precedent. The Court directed the Tribunal to disburse the full amount to the claimant after verification, subject to deduction of any unpaid court‑fees. The appeal was dismissed and any connected applications were also disposed of.
Issues considered
- Whether the appeal should be entertained despite the small quantum of the claim
Subjects
Judgment
C/FA/564/2015 JUDGMENT DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 564 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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DIVISIONAL CONTROLLER
Versus
BAJAJ ALLIANCE GENERAL INSURANCE CO LTD & ORS.
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Appearance:
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
MR DAIFRAZ HAVEWALLA(3982) for the Defendant(s) No. 2,3,4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 5,6,7
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 19/01/2026
ORAL JUDGMENT
1. Heard learned advocate Mr. Vibhuti Nanavati, learned
advocate appearing for appellant no.1.
2. What could be noticed that the insurance company claimed
the amount is Rs. 3,69,500/-. 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 first appeal stands dismissed.
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C/FA/564/2015 JUDGMENT DATED: 19/01/2026
3. It is made clear that 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. Therefore, this order shall not
be cited as precedent in any pending matters arising from
same accident before any Court.
4. R & P, if any, to be sent back to the concerned Court
immediately. The appellant is at liberty to revive the appeal
in case of difficulty. Consequently connected application/s,
if any, also stands disposed of.
5. The learned Tribunal is directed to disburse the entire
amount to the claimant after due and proper verification.
While making the payment, the Tribunal shall deduct the
court-fees, if not paid, in accordance with rules/law.
(J. L. ODEDRA, J)
JIGAR J RABARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JIGAR RABARI(HCD0067), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 17:10:14
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