NATIONAL INSURANCE COMPANYversusDHAVALBHAI BHARATBHAI SODHA
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed as it lacks a substantial question of law and the amount involved is below Rs.5 lakh.
Summary
The National Insurance Company appealed a judgment (Case No.15 of 2002) that awarded the claimants compensation of Rs.3,71,901 with 12% interest. The appeal was filed in the High Court of Gujarat, First Appeal No. 1393 of 2012. The Court, after hearing counsel, observed that the appeal raised no substantial question of law and that the amount in dispute was less than Rs.5 lakh. Consequently, the appeal was dismissed on the ground of the smallness of the amount. The order clarified that the dismissal does not set any legal precedent and directed the Commissioner to disburse the compensation to the claimants after verification.
Issues considered
- Does the appeal raise a substantial question of law warranting adjudication?
- Is the appeal dismissible solely on the ground that the disputed amount is less than Rs.5 lakh?
Subjects
Judgment
C/FA/1393/2012 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1393 of 2012
==========================================================
NATIONAL INSURANCE COMPANY
Versus
DHAVALBHAI BHARATBHAI SODHA & ANR.
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 09/04/2026
ORDER
The judgment and order passed in Case No.15 of 2002
granting compensation of Rs.3,71,901/- with 12% interest
from the date of the application till realization is challenged
by the insurance company in this First Appeal.
Having heard learned advocates for both the parties and
on recording of statement of learned advocate Mr. Modi that
the claimants has not filed any other compensation petition
except the present one, I find that that the appeal is bereft of
any substantial question of law and requires to be dismissed
on the ground that the amount involved in this First Appeal is
less than Rs.5 lakh.
Accordingly, present appeal stands dismissed on account
of smallness of amount. Consequently, CA, if any, does not
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C/FA/1393/2012 ORDER DATED: 09/04/2026
survive and stands disposed of accordingly.
However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeal and
therefore, the decision of present appeal shall not be treated
as precedent for deciding any legal issue.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
The learned Commissioner is directed to disburse the
amount of compensation deposited by the insurance company
to the claimants after due verification and identification along
with interest and after verifying their right to claim the
compensation.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/04/2026 17:50:19
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