BHARTI AXA GENERAL INSURANCE CO. LTD.versusRAJJAKBHAI ISHUBHAI GHANCHI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on account of the smallness of the amount claimed.
Summary
Bharti AXA General Insurance Co. Ltd. filed a first appeal against a decree awarding Rs. 4,37,900 to the claimants arising from a road accident. The High Court observed that the amount was small and that there was no dispute over the accident, and therefore deemed the appeal not worthy of consideration. Consequently, the court dismissed the appeal, emphasizing that the order is not a precedent on any substantive issue. The court directed the lower tribunal to disburse the full amount to the claimant after verification, subject to deduction of court fees. The appellant was allowed to revive the appeal if faced with difficulty, and any connected applications were also disposed of.
Issues considered
- Whether a first appeal can be dismissed solely on the ground of the smallness of the amount claimed
Subjects
Judgment
C/FA/2125/2015 ORDER DATED: 12/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2125 of 2015
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BHARTI AXA GENERAL INSURANCE CO. LTD.
Versus
RAJJAKBHAI ISHUBHAI GHANCHI & ORS.
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 3,4,6,7
RULE NOT RECD BACK for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 12/01/2026
ORAL ORDER
1. Heard Mr. Vibhuti Nanavati, learned advocate for the
appellant and Mr. Hiren M. Modi, learned advocate for
the defendants.
2. What could be noticed that the insurance company
claimed the amount to the tune of Rs. 4,37,900/-. 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.
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 so
as to say that this Court has decided any issue on merits.
Page 1 of 2
C/FA/2125/2015 ORDER DATED: 12/01/2026
The whole purpose to dismiss the appeal on account of
smallness of amount is with a view to avoid hardship
both physically and 昀椀nancially 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
di昀昀iculty.
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
veri昀椀cation.
8. While making the payment, the Tribunal shall deduct the
courts fees, if not paid, in accordance with rules/law.
(J. L. ODEDRA, J)
SUDHIR
Page 2 of 2
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 15/01/2026 17:27:24
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