SUBHASHBHAI KALUBHAI NISRATAversusANKULKUMAR MANUBHAI PATEL
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issue.
Summary
The First Appeal No. 1781 of 2021 was filed by Subhashbhai Kalubhai Nisarata & ors against Ankulkumar Manubhai Patel & ors concerning a compensation award of Rs.5,00,000 arising from a road accident. The respondents contended that the quantum of the award was small and there was no dispute over the accident, therefore the appeal should not be heard on merits. Justice Mool Chand Tyagi agreed and dismissed the appeal solely on the ground of the smallness of the amount, emphasizing the need to avoid physical and financial hardship to the original claimants. The order expressly states that this dismissal is not to be treated as precedent and directs the release of the award amount to the claimants after verification. The appellant was informed that the appeal could be revived if any difficulty is encountered.
Issues considered
- Whether an appeal for a compensation award of Rs.5,00,000 should be entertained despite the small quantum of the amount?
- Whether dismissal on the ground of smallness of amount constitutes a decision on merits?
Subjects
Judgment
C/FA/1781/2021 ORDER DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1781 of 2021
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SUBHASHBHAI KALUBHAI NISRATA & ORS.
Versus
ANKULKUMAR MANUBHAI PATEL & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 2,3
MS DISHA N NANAVATY(2957) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 02/04/2026
ORAL ORDER
Heard learned advocates for the respective parties.
Learned advocate for the respondents pointed out that
the captioned appeal may not deserve the consideration on
merits owing to the smallness of the amount awarded to the
claimant/s. It is noticed that the disputed amount involved in
the present appeal is Rs.5,00,000/-. 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.
In view of the order passed in main appeal, connected
application, if any, stands disposed of, accordingly.
It is made clear that present first appeal is dismissed on
account of smallness of the amount and the order passed by
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C/FA/1781/2021 ORDER DATED: 02/04/2026
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/s to appear and defend the
case.
Therefore, this order shall not be cited as precedent in
any pending matters before any Court in the State of Gujarat.
If any amount of compensation, or any statutory amount,
lying deposited with the Registry of this Court shall be
transmitted to the learned Tribunal concerned.
R & P, if any, to be sent back to the concerned Court
immediately. The entire award amount be disbursed and
released in favour of claimant/s after due verification by
transferring said amount/s to the account/s of claimant/s by
RTGS or NEFT.
The appellant is at liberty to revive the appeal in case of
difficulty.
(MOOL CHAND TYAGI, J)
GIRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 07/04/2026 11:47:51
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