UNITED INDIA INSURANCE COMPANY LIMITED.versusSHOBHANABEN VRAJLAL GORDHANBHAI VAGHASIYA
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount, without any merit-based determination.
Summary
United India Insurance Company Limited appealed against a claim of Rs.4,51,166 arising from a road accident involving Shobhanaben Vrajlal Gordhanbhai Vaghasiya and others. The High Court observed that the amount was small and that there was no dispute over the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, without addressing any substantive issues on merit. The order was expressly stated not to be a precedent. The Court directed the tribunal to release the full amount to the claimant after verification, subject to deduction of court fees, and ordered the return of the record to the lower court. The appellant was permitted to revive the appeal if difficulties arise.
Issues considered
- What is the appropriate basis for dismissing an appeal solely on the smallness of the claim amount?
- Whether the Court can dismiss the appeal without deciding any substantive issues on merit.
Subjects
Judgment
C/FA/1876/2015 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1876 of 2015
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UNITED INDIA INSURANCE COMPANY LIMITED.
Versus
SHOBHANABEN VRAJLAL GORDHANBHAI VAGHASIYA & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 4
MR TUSHAR L SHETH(3920) for the Defendant(s) No. 1,2,3
RULE SERVED for the Defendant(s) No. 5
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 10/02/2026
ORAL ORDER
1. Heard learned advocate Mr. G.C. Mazmudar appearing
for the Appellant No.1
2. What could be noticed is that the insurance company
has challenged an amount to the tune of Rs.4,51,166/-. This
is a small and meager amount and considering the fact that
as such there is no dispute in regards the happening of a
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.
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, more so
when this Court has not decided any issue on merit. The
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C/FA/1876/2015 ORDER DATED: 10/02/2026
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.
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)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 13:39:57
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