High Court of Gujarat

UNITED INDIA INSURANCE CO LTDversusLEGAL HEIRS OF DECD. SONALIBEN ASHBHAI PATEL

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: MOOL CHAND TYAGI

Holding

Both first appeals were dismissed on the ground of smallness of the amount, without adjudicating the merits.

Summary

United India Insurance Co. Ltd appealed two first appeals (Nos. 782/2013 and 781/2013) filed by the legal heirs of the deceased Sardaben Ganesbhai Patel, challenging compensation awards of Rs.2,50,000 and Rs.1,80,000 respectively. The respondents argued that the quantum of the amounts was too small to warrant a detailed merits hearing. The Court, after hearing counsel, dismissed both appeals on the ground of the smallness of the amounts, emphasizing that the dismissal was to avoid physical and financial hardship to the original claimants and not a determination on the merits. The order expressly stated that it should not be treated as precedent in any other matter. The Court directed that any compensation deposited with the Registry be released to the claimants after verification and that related civil applications be disposed of. The appellant was permitted to revive the appeal if any difficulty arises.

Issues considered

Whether appeals challenging modest compensation awards should be entertained on merits despite the small quantum of the amounts?

Subjects

smallness of amountappeal dismissalinsurance claimcompensationcivil procedureprevention of hardship

Judgment

      C/FA/782/2013                              ORDER DATED: 22/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 782 of 2013
                                  With
                      R/FIRST APPEAL NO. 781 of 2013
==========================================================
                  UNITED INDIA INSURANCE CO LTD
                               Versus
     LEGAL HEIRS OF DECD. SARDABEN GANESHBHAI PATEL & ORS.
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 2,3
MR MAYUR RAJGURU(1198) for the Defendant(s) No. 1.1,1.2
RULE SERVED for the Defendant(s) No. 4
==========================================================

 CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                             Date : 22/01/2026

                              ORAL ORDER
1.     Heard learned advocates for the respective parties.


2.     Learned advocate for the respondents pointed out that
both the captioned appeals may not deserve consideration on
merits, owing to the smallness of the amount under challenge. It
is noticed that the amount under challenge in First Appeal No.
782 of 2013 is Rs.2,50,000/- and in First Appeal No. 781 of 2013,
the amount under challenge is Rs.1,80,000/-. These are small
and meager amounts and considering the aspect of having no
dispute in regard to the road accident, I am of the opinion that
these appeals may not deserve consideration, more particularly,
on the ground of smallness of amount. Accordingly, both the
captioned first appeals stand dismissed.


3.     It is made clear that both the captioned appeals are
dismissed on account of smallness of the amount and the order



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        C/FA/782/2013                                                ORDER DATED: 22/01/2026




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 these appeals on account of smallness of
amount is with a view to avoid hardship, both physically and
financially on the part of the original claimants 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.


5.      If any amount of compensation, or any statutory amount,
lying deposited with the Registry of this Court shall be
transmitted to the learned Tribunal concerned.


6.      Records & Proceedings if any, to be sent back to the
concerned Court immediately.                          The entire award amount be
disbursed and released in favour of claimants after due
verification by transferring said amount to the accounts of
claimants by RTGS or NEFT.


7.      In view of the order passed in the captioned Appeals,
connected Civil Applications, if any would not survive, and the
same are also disposed of.


8.      The appellant is at liberty to revive the appeal in case of
difficulty.



                                                                   (MOOL CHAND TYAGI, J)
ARUN

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARUN B(HC02368), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 28/01/2026 10:51:49



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