NEW INDIA ASSURANCE CO. LTD.versusBHAYALUBHA BHARATSINH
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount involved.
Summary
The appellant New India Assurance Co. Ltd. filed a first appeal against a compensation order awarded to the claimants Bhayalubha Bharatsinh & Ors. The court noted that the amount in dispute was less than Rs.5,00,000, which is considered a small claim. Considering the modest quantum and the benevolent nature of the Employees Compensation Act, 1923, the court chose not to entertain the appeal and dismissed it on the ground of smallness of the amount. The dismissal was expressly stated not to decide any substantive legal issue, and therefore it does not set a precedent. The trial court was directed to disburse the deposited compensation, after deducting court fees, with interest, to the verified claimants. The appellant was permitted to revive the appeal if any difficulty arises.
Issues considered
- Whether an appeal under the Employees Compensation Act, 1923 should be dismissed on the ground that the amount in dispute is less than Rs.5,00,000
Legislation cited
Subjects
Judgment
C/FA/768/2007 ORDER DATED: 17/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 768 of 2007
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NEW INDIA ASSURANCE CO. LTD.
Versus
BHAYALUBHA BHARATSINH & ORS.
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Appearance:
MR SANDIP C SHAH(792) for the Appellant(s) No. 1
KHUSHBU D CHHAYA(8093) for the Defendant(s) No. 2
MR KETAN A DAVE(255) for the Defendant(s) No. 1
SERVED BY AFFIX. (R) for the Defendant(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/06/2026
ORDER
1. Heard learned advocates for the respective parties.
2. Having heard the submissions made at bar, the amount
involved in the subject matter of present First Appeal is on lower
side i.e. less than Rs.5,00,000/- and therefore, considering the
smallness of the awarded amount involved in the present
appeals and also considering the fact that Employees
Compensation Act, 1923 is beneficial piece of legislation, the
Court is not inclined to entertain the present appeal and
therefore, present appeal stand dismissed on account of
smallness of amount.
3. However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal issue
involved in the subject matter of present appeal and therefore,
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C/FA/768/2007 ORDER DATED: 17/06/2026
the decision of present appeal shall not be treated as precedent
for deciding any legal issue.
4. Registry is directed to return back the R & P, if any, to the
concerned Court forthwith.
5. The learned Trial Court is directed to disburse the amount
of compensation deposited by the appellant after deducting
Court fee to the claimants after due verification and
identification along with interest and after verifying their right to
claim the compensation.
6. The appellant is at liberty to revive the appeal in case of
difficulty.
(J. C. DOSHI,J)
PARMAR KRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/06/2026 15:01:17
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