UNITED INDIA INSURANCE COMPANY LTDversusHARIBHAI NATHALAL MAKWANA
- 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 issues.
Summary
The United India Insurance Company Ltd appealed against a claim of Rs.5,00,000 arising from a road accident involving Haribhai Nathalal Makwana and others. The High Court observed that the amount was small and there was no dispute over the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, without addressing any substantive merits. The order expressly states it should not be treated as precedent and directs the tribunal to disburse the claimed amount after verification, deducting court fees. The appellant was permitted to revive the appeal if difficulties arise, and any connected applications were also disposed of.
Issues considered
- What is the appropriate basis for dismissing an appeal solely on the smallness of the claim amount?
- Should the dismissal order be considered as precedent for future cases arising from the same accident?
Subjects
Judgment
C/FA/1142/2015 ORDER DATED: 02/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1142 of 2015
==========================================================
UNITED INDIA INSURANCE COMPANY LTD
Versus
HARIBHAI NATHALAL MAKWANA & ORS.
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
APURVA K JANI(7057) for the Defendant(s) No. 1
DELETED for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 02/02/2026
ORAL ORDER
1. Heard learned advocate Mr. Tanmay B Karia appearing
for the Appellant No.1
2. What could be noticed is that the insurance company
has challenged an amount to the tune of Rs. 5,00,000/-.
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/1142/2015 ORDER DATED: 02/02/2026
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/1142/2015 ORDER DATED: 02/02/2026
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 03/02/2026 18:17:02
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