P C SNEHAL CONSTRUCTION COMPANY(A PARTNERSHIP FIRM -versusNATHABHAI SOMABHAI PARMAR DECD. THRO' HEIRS
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed because the amount involved is small, and no legal issue is decided.
Summary
The appellant, PC Snehal Construction Company, filed a first appeal against a compensation award under the Employees Compensation Act, 1923, claiming an amount of less than Rs.5,00,000. The High Court noted that the amount involved was small and, given the beneficial nature of the Act, chose not to entertain the appeal. Consequently, the appeal was dismissed, and the court clarified that no legal issue was decided, so the order carries no precedential value. The trial court was directed to disburse the compensation, after deducting court fees, to the claimants with interest, following verification of their rights. The court also indicated that any separate civil suit by the appellant to recover interest from an insurance company would proceed independently of this order.
Issues considered
- Whether an appeal under the Employees Compensation Act, 1923 can be dismissed solely on the ground that the amount in dispute is less than Rs.5,00,000.
Legislation cited
Subjects
Judgment
C/FA/1708/2009 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1708 of 2009
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P C SNEHAL CONSTRUCTION COMPANY(A PARTNERSHIP FIRM -
Versus
NATHABHAI SOMABHAI PARMAR DECD. THRO' HEIRS & ORS.
==========================================================
Appearance:
MR DG SHUKLA(1998) for the Appellant(s) No. 1
MR MR RAVAL, SR. ADOVCATE WITH MR GAURANG VAGHELA FOR M/S
RJ RAWAL ASSOC.(1987) for the Defendant(s) No. 2
MR KV GADHIA(319) for the Defendant(s) No. 3
MR TR MISHRA(483) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
MR UT MISHRA(3605) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
MS SHIVYA A DESAI(5478) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/05/2026
ORDER
Heard learned advocates for the respective parties.
Having heard the submissions made at bar, the amount
involved in the subject matter of present First Appeal is on lower
side i.e. less than Rs.5,00,000/- and therefore, considering the
smallness of the awarded amount involved in the present
appeals and also considering the fact that Employees
Compensation Act, 1923 is beneficial piece of legislation, the
Court is not inclined to entertain the present appeal and
therefore, present appeal stand dismissed on account of
smallness of amount. Consequently, CA, if any, does not
survive and stands disposed of accordingly.
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C/FA/1708/2009 ORDER DATED: 04/05/2026
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 Trial Court is directed to disburse the amount
of compensation deposited by the appellant after deducting
Court fee to the claimants after due verification and
identification along with interest and after verifying their right to
claim the compensation.
It is clarified that if any civil suit has been filed by the
appellant to recover the amount of interest from Insurance
Company and pending before the learned Civil Court
concerned, it shall be decided in accordance with law and
without influenced by present order, as it is dispute between
parties to the contract.
(J. C. DOSHI,J)
SATISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 16:05:20
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