ORIENTAL INSURANCE COMPANYversusMANGALSINH GEMABHAI BARIA
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed because the amount involved is too small to warrant judicial scrutiny, without addressing the merits.
Summary
The Oriental Insurance Company filed a petition under Article 227 of the Constitution and the Consumer Protection Act, 1986 challenging the award dated 19 July 2025 passed by the Motor Accident Claim Tribunal in Motor Accident Claim Petition No.70 of 2023. The petition also sought to delete the name of counsel Yogesh I Parmar from the cause list. The Gujarat High Court observed that the total amount involved was very small and, on that basis, decided that the petition need not be entertained. Accordingly, the petition was dismissed on the ground of smallness of amount, with a clarification that the order does not set a precedent for similar cases. No order as to costs was made, and the awarded amount, if deposited, shall be released to the respondents with interest after verification. The court also directed that any pending civil applications be disposed of and earlier interim relief be vacated, without examining the merits of the case.
Issues considered
- Whether a petition under Article 227/Consumer Protection Act challenging a Motor Accident Claim Tribunal award should be entertained when the amount involved is small
- Whether the name of counsel incorrectly listed in the cause list can be deleted from the record
Legislation cited
Subjects
Judgment
C/SCA/4615/2026 ORDER DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4615 of 2026
==========================================================
ORIENTAL INSURANCE COMPANY
Versus
MANGALSINH GEMABHAI BARIA & ORS.
==========================================================
Appearance:
MR DAKSHESH MEHTA(2430) for the Petitioner(s) No. 1
MR. YOGESH I PARMAR(6981) for the Petitioner(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 02/04/2026
ORAL ORDER
1. Present petition is filed by the petitioner under Article
227 of the Constitution of India r/w the provisions of the
Consumer Protection Act, 1986 and subsequent
amendments challenging the impugned award dated
19.7.2025 passed by the Motor Accident Claim Tribunal,
(Main), Panchmahal at Godhra in Motor Accident Claim
Petition No.70 of 2023.
2. Mr. Mehta, learned counsel for the petitioner submits
that the name of Mr. Yogesh Parmar, learned advocate is
wrongly mentioned in the cause list on behalf of the
petitioners and therefore, the same may be deleted from
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C/SCA/4615/2026 ORDER DATED: 02/04/2026
the record.
3. In view of the above submission, registry is directed
to delete the name of Mr. Yogesh Parmar, learned
counsel for the petitioner from the record.
4. Though various grounds have been raised in the
memo of petition, the fact remains that the total amount
involved in the petition is very small amount. Considering
the smallness of amount, this Court is of the opinion that
the petition is not required to be entertained.
Accordingly, only on the ground of smallness of amount
with a further clarification that this may not be
considered as precedent in other petitions arising out of
the same accident, the petition is dismissed. However,
there shall be no order as to costs.
5. The awarded amount, if deposited by the appellant
before the learned Tribunal, the same shall be disbursed
in favour of respondents along with interest if any,
accrued on it, after due verification within period of eight
weeks from the date of receipt of copy of present order. It
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C/SCA/4615/2026 ORDER DATED: 02/04/2026
is clarified that this Court has not entered into the merits
of the case.
6. Pending civil application/s, if any, shall stand
disposed of accordingly. Interim relief, if any, granted
earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 17:06:24
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