DEPUTY ENGINEERversusDECD. MANSUKHBHAI KURJIBHAI GOHEL
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issue on merit.
Summary
The Deputy Engineer and others appealed against the order of a tribunal concerning a road accident claim where an insurance company challenged a payment of Rs.4,12,500. The High Court observed that the amount was small and there was no dispute about the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that no substantive merits were decided and the order should not be treated as precedent. The Court directed the tribunal to disburse the full amount to the claimant after proper verification, subject to deduction of court fees. The appeal dismissal was made to avoid physical and financial hardship to the original claimant, and the order was not to be cited in future matters arising from the same accident.
Issues considered
- What is the appropriate basis for dismissing an appeal when the disputed amount is relatively small?
- Whether a dismissal on the ground of smallness of amount can set a precedent for future cases.
Subjects
Judgment
C/FA/78/2015 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 78 of 2015
=========================================================
DEPUTY ENGINEER & ANR.
Versus
DECD. MANSUKHBHAI KURJIBHAI GOHEL & ORS.
=========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1.1,1.2,1.3,2,3
=========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 16/01/2026
ORAL ORDER
1. Heard learned advocate Mr.Vibhuti Nanavati appearing
for Respondent No.4.
2. What could be noticed is that the insurance company
has challenged an amount to the tune of Rs.4,12,500/-.
This is a small and meager amount and considering the fact
that as such there is no dispute in regards the happening of
a 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/78/2015 ORDER DATED: 16/01/2026
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, more
so when this Court has not 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.
5. The appellant is at liberty to revive the appeal in case
of difficulty.
6. Consequently connected application/s, if any, also
stands disposed of.
7. The learned Tribunal is directed to disburse the entire
amount to the claimant after due and proper verification.
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C/FA/78/2015 ORDER DATED: 16/01/2026
8. While making the payment, the Tribunal shall deduct
the courts fees, if not paid, in accordance with rules/law.
(J. L. ODEDRA, J)
RIYA VISHWAKARMA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYA VISHWAKARMA(HC02365), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 20/01/2026 17:56:15
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