High Court of Gujarat

ORIENTAL INSURANCE COMPANY LIMITEDversusHEIRS OF GALAJI JENAJI

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

Holding

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

Summary

The Oriental Insurance Company Limited filed a first appeal before the Gujarat High Court against a decision involving a claim of Rs. 3,88,500. The appellant sought relief, but the court considered the quantum of the claim to be small. The bench, after hearing counsel, held that the amount was insufficient to warrant a full hearing of the appeal. Consequently, the appeal was dismissed solely on the ground of smallness of the amount involved. The court clarified that it did not examine the merits of the case and that the dismissal would not affect related issues raised by the insurance company in other appeals. The record of the proceedings was ordered to be sent back to the concerned tribunal.

Issues considered

Whether an appeal should be entertained when the amount in dispute is relatively small
Whether the court can dismiss an appeal solely on the ground of smallness of the amount involved

Subjects

appealsmallness of amountinsurance claimdismissalhigh court

Judgment

       C/FA/1437/2016                                                  ORDER DATED: 21/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                      R/FIRST APPEAL NO. 1437 of 2016
==========================================================
                    ORIENTAL INSURANCE COMPANY LIMITED
                                   Versus
                        HEIRS OF GALAJI JENAJI & ORS.
==========================================================
Appearance:
MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1,2,3,5,7
RULE UNSERVED for the Defendant(s) No. 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.
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 15:13:23




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