NATIONAL INSURANCE CO LTDversusLABHUBHAI B GOHIL(DELETED)AS PER HON'BLE COURT'S ORDER DATED :20/06/2017
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount claimed, without deciding any substantive issue.
Summary
The National Insurance Co. Ltd claimed Rs. 4,84,500 in a road‑accident claim, with no dispute over the accident itself. The appellant filed a first appeal against the tribunal’s order. The High Court observed that the amount was small and that entertaining the appeal would cause unnecessary hardship to the claimant. Consequently, the Court dismissed the appeal on the ground of smallness of the amount, expressly stating that no substantive issue was decided and the order should not be treated as precedent. The tribunal was directed to verify and disburse the full amount to the claimant, deducting court fees where applicable.
Issues considered
- Whether a first appeal concerning a claim of Rs. 4,84,500 should be entertained despite the small quantum of the amount
Subjects
Judgment
C/FA/1407/2015 ORDER DATED: 13/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1407 of 2015
=========================================================
NATIONAL INSURANCE CO LTD
Versus
LABHUBHAI B GOHIL(DELETED)AS PER HON'BLE COURT'S ORDER
DATED:20/06/2017 & ORS.
=========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR RAJESH P MANKAD(2637) for the Defendant(s) No. 5.1,5.2
MR. ALKESH N SHAH(3749) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2,4
=========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 13/01/2026
ORAL ORDER
1. Heard learned advocates for both the parties.
2. What could be noticed that the insurance company
claimed the amount to the tune of Rs. 4,84,500/-.
This is a small and meager amount and considering
the aspect of having no dispute in regards to the 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/1407/2015 ORDER DATED: 13/01/2026
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
so as to say that this Court has 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/1407/2015 ORDER DATED: 13/01/2026
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 15/01/2026 19:12:01
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