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 was dismissed on the ground of the smallness of the amount, without addressing the merits of the case.
Summary
The National Insurance Co. Ltd filed a first appeal (C/FA/1408/2015) seeking Rs. 4,60,500 in respect of a road accident claim. The court observed that there was no dispute regarding the accident and noted that the amount claimed was relatively small. Consequently, the judge held that the appeal did not merit consideration and dismissed it on the ground of the smallness of the amount. The order expressly stated that the dismissal was not a precedent on any substantive issue and was intended to avoid hardship to the original claimant. The tribunal was directed to disburse the full amount to the claimant after verification, subject to deduction of court fees.
Issues considered
- What is the appropriate basis for dismissing an appeal when the claim amount is relatively small?
Subjects
Judgment
C/FA/1408/2015 ORDER DATED: 13/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1408 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 advocate for the parties.
2. What could be noticed that the insurance company
claimed the amount to the tune of Rs. 4,60,500/-. 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/1408/2015 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.
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C/FA/1408/2015 ORDER DATED: 13/01/2026
7. The learned Tribunal is directed to disburse the entire
amount to the claimant after due and proper verification.
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 16/01/2026 17:23:09
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