Created byFuzzy Cloud

High Court of Gujarat

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusBINABEN W/O. DIPAKBHAI DEVJIBHAI GARVA(WIFE)

Disposal
39-RULE DISCHARGED/DISMISSED @ FH
Bench
C DOSHI

Holding

The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive legal issue.

Summary

The appellant, ICICI Lombard General Insurance Co. Ltd., appealed against a compensation award of less than Rs.5 lakh granted to the respondents, Binaben (wife) and others. The High Court of Gujarat considered the appeal and, noting the modest quantum of the award, decided not to entertain the appeal on the ground of the smallness of the amount. The Court dismissed the appeal without addressing any substantive legal issues, expressly stating that the order does not set any precedent. Consequently, any decree or order (CA) that may have been passed earlier is deemed disposed of. The Court directed the Commissioner to release the deposited compensation, with interest, to the claimants after verification, and ordered the return of the record and pleadings to the lower court.

Issues considered

  • Whether an appeal involving a compensation award of less than Rs.5,00,000 can be entertained by the High Court

Subjects

appeal dismissedsmall claimcompensationcivil procedureGujarat High Courtpreliminary objectionno precedent

Judgment

     C/FA/2816/2023                                ORDER DATED: 05/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2816 of 2023

==========================================================
           ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                             Versus
      BINABEN W/O. DIPAKBHAI DEVJIBHAI GARVA(WIFE) & ORS.
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR AMAN A SAMA(11691) for the Defendant(s) No. 8
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5,7
RULE SERVED for the Defendant(s) No. 6
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 05/05/2026

                                    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

                                    Page 1 of 2
            C/FA/2816/2023                                                          ORDER DATED: 05/05/2026




  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 05/05/2026 15:01:04




                                                        Page 2 of 2


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "appeal dismissed"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.