NEW INDIA ASSURANCE CO LTDversusMADHURIBEN WD/O SATYADEV TENUNBHAI CHAUHAN
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount involved.
Summary
The appellant, New India Assurance Co Ltd, filed a first appeal against a compensation award of less than Rs.5 lakh granted to the respondents, Madhuriben and others. The court noted that the amount involved was modest and, after hearing arguments, decided not to entertain the appeal on the ground of the smallness of the claim. Consequently, the appeal was dismissed and any awarded compensation was ordered to be disbursed by the Commissioner after verification. The judgment expressly clarified that no legal issue was decided and the order should not be treated as precedent. The registry was directed to return the record and the compensation to be paid with interest to the claimants.
Issues considered
- Whether an appeal involving a compensation amount of less than Rs.5,00,000 can be entertained by the High Court
Subjects
Judgment
C/FA/1892/2012 ORDER DATED: 11/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1892 of 2012
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NEW INDIA ASSURANCE CO LTD
Versus
MADHURIBEN WD/O SATYADEV TENUNBHAI CHAUHAN & ORS.
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR HB CHAMPAVAT(6149) for the Defendant(s) No. 3,4
MR HS MUNSHAW(495) for the Defendant(s) No. 5
MR. BK. RAJ(3794) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/06/2026
ORDER
In the first appeal, the amount of compensation involved
is below Rs.5 lakh.
Having heard the submissions made at bar and
considering the fact that the amount involved in the subject
matter of present First appeal is on lower side i.e. less than
Rs.5,00,000/-, considering the smallness of the awarded
amount involved in the present appeal, the Court is not
inclined to entertain the present appeal and therefore,
present appeal stands dismissed on account of smallness of
amount. Consequently, CA, if any, does not survive and
stands disposed of accordingly.
However, it is clarified that dismissal of present appeal
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C/FA/1892/2012 ORDER DATED: 11/06/2026
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 Commissioner is directed to disburse the
amount of compensation deposited by the appellant to the
claimants after due verification and identification along with
interest and after verifying their right to claim the
compensation.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 11/06/2026 16:43:38
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