UNITED INDIA INSURANCE COMPANY LIMITED.versusHEIRS AND LEGAL REPRESENTATIVES OF DECD. RAJU BHIMABHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issue on merit.
Summary
The appellant, United India Insurance Company Ltd., appealed a tribunal award of Rs.4,17,500 awarded to the heirs of the deceased Raju Bhimabhai for a road accident. The tribunal had also ordered interest at 7.5% per annum and costs against the appellant. No respondents appeared before the High Court. The Court observed that the amount was small and there was no dispute over the accident, and therefore the appeal did not merit consideration on merits. Consequently, the First Appeal was dismissed solely on the ground of the smallness of the amount, with a direction that the order not be treated as precedent. The award was to be released to the claimants after verification, and the appellant was permitted to revive the appeal if needed.
Issues considered
- Whether an appeal against a tribunal award should be entertained when the award amount is small and there is no substantive dispute?
Subjects
Judgment
C/FA/1977/2015 ORDER DATED: 27/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1977 of 2015
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UNITED INDIA INSURANCE COMPANY LIMITED.
Versus
HEIRS AND LEGAL REPRESENTATIVES OF DECD. RAJU BHIMABHAI &
ORS.
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR CHINTAN S POPAT(5004) for the Defendant(s) No. 2
MR RAXIT J DHOLAKIA(3709) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 27/01/2026
ORAL ORDER
1. Heard learned advocate for the appellant. None
appeared for the Respondents.
2. This Court is of the view that the captioned appeal may
not deserve the consideration on merits owing to the
smallness of the amount awarded to the claimants. It is
noticed that the learned Tribunal has awarded amount of
Rs. 4,17,500/- as compensation at the rate of 7.5% per
annum from the date of filing of the petition till realization
of awarded amount, along with proportionate costs, from
the opponents.
3. 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
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C/FA/1977/2015 ORDER DATED: 27/01/2026
smallness of amount. Accordingly, present first appeal
stands dismissed.
4. It is made clear that the 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
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 to appear and defend the case.
5. Therefore, this order shall not be cited as precedent in
any pending matters before any Court in the State of
Gujarat.
6. 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.
7. The appellant is at liberty to revive the appeal in case
of difficulty.
(J. L. ODEDRA, J)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 28/01/2026 12:47:37
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