ORIENTAL INSURANCE COMPANY LIMITEDversusJAMALBHAI RAMCHANDRA RAVAL [DELETED]
- 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, without consideration of the merits.
Summary
The Oriental Insurance Company Limited appealed against a decision involving a claim of Rs. 3,88,500 against Jamalbhai Ramchandra Raval and others. The High Court, after hearing counsel, held that the amount in dispute was too small to warrant a full appeal. Consequently, the Court dismissed the appeal solely on the ground of the smallness of the amount, without examining the substantive merits of the case. The dismissal was limited to this appeal and does not affect related issues raised by the insurer in other proceedings. The matter was remitted back to the concerned Tribunal for any further proceedings.
Issues considered
- Whether an appellate court may dismiss an appeal solely on the basis that the amount in dispute is small
Subjects
Judgment
C/FA/1436/2016 ORDER DATED: 21/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1436 of 2016
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ORIENTAL INSURANCE COMPANY LIMITED
Versus
JAMALBHAI RAMCHANDRA RAVAL [DELETED] & ORS.
==========================================================
Appearance:
MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 8
MS SEJAL K MANDAVIA(436) for the Defendant(s) No. 9
RULE SERVED for the Defendant(s) No. 11,2,3,4,5,6,7
RULE UNSERVED for the Defendant(s) No. 10
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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.
3,88,500/-, 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 15:12:48
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