High Court of Gujarat

ORIENTAL INSURANCE CO LTDversusPRAKASHBHAI B KANOJIYA

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: D M VYAS

Holding

The appeal is dismissed solely on the ground of the smallness of the amount involved.

Summary

Oriental Insurance Co Ltd appealed a decision involving a claim of Rs.4,10,000. The High Court considered whether the appeal could be entertained despite the modest quantum involved. The Court held that the amount was too small to warrant a full hearing and dismissed the appeal on that ground alone, without examining the substantive merits. The dismissal was limited to this appeal and does not affect related issues raised by the insurer in other proceedings. The case was remanded for any further proceedings before the appropriate tribunal.

Issues considered

Whether an appeal involving a claim of Rs.4,10,000 can be entertained by the High Court despite the small amount

Subjects

appealsmall causeinsurance claimdismissaljurisdiction

Judgment

       C/FA/1351/2016                                                  ORDER DATED: 21/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                      R/FIRST APPEAL NO. 1351 of 2016
==========================================================
                           ORIENTAL INSURANCE CO LTD
                                      Versus
                          PRAKASHBHAI B KANOJIYA & ORS.
==========================================================
Appearance:
MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
DS AFF.NOT FILED (R) for the Defendant(s) No. 2,3
GOVERNMENT PLEADER for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,4,6
==========================================================
  CORAM:HONOURABLE MR.JUSTICE D. M. VYAS

                                        Date : 21/01/2026

                                          ORAL ORDER


1)      Heard learned Advocates for the respective parties.

2)      Considering the fact that the amount involved is Rs.
4,10,000/-, this Court is not inclined to entertain the appeal
solely on the ground of smallness of amount involved. Hence,
the present appeal is dismissed solely on the ground of
smallness of the amount involved. It is clarified that this Court
has otherwise not examined the merits of the case and the
dismissal of the present appeal have no bearing on the
cognate issues being urged at the hands of the insurance
company in other appeals.


3)      R&P, if any, be sent back to the concerned Tribunal
forthwith.


                                                                                    (D. M. VYAS, J)
YASH ARORA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YASH ARORA(HC02369), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/01/2026 15:05:16



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