THE NEW INDIA ASSURANCE COMPANY LTD.versusHASINABEN HASANBHAI ADHAM
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on the ground of the smallness of the amount awarded, without adjudicating the merits.
Summary
The New India Assurance Company Ltd. obtained a award of Rs.2,50,000 from a learned Tribunal in a dispute with Hasinaben Hasanbhai Adham & Ors. The insurer filed a first appeal challenging the award. The respondents argued that the appeal should not be entertained because of the modest quantum of the award. Justice Mool Chand Tyagi held that the appeal could be dismissed solely on the ground of the small amount, emphasizing the need to avoid physical and financial hardship to the original claimants and noting that no merit of the case was decided. Consequently, the appeal was dismissed, the order was declared non‑precedential, connected civil applications were disposed, and the awarded amount was directed to be released to the claimants after verification.
Issues considered
- Whether an appeal should be entertained when the award amount is nominal (small quantum) and the appellant seeks substantive review
Subjects
Judgment
C/FA/3019/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3019 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/FIRST APPEAL NO. 3019 of 2026
==========================================================
THE NEW INDIA ASSURANCE COMPANY LTD.
Versus
HASINABEN HASANBHAI ADHAM & ORS.
==========================================================
Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 14/07/2026
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Learned advocate for the respondents pointed out that the
captioned appeal may not deserve consideration on merits, owing to
the smallness of the amount awarded by the learned Tribunal. It is
noticed that the learned Tribunal had awarded a sum of Rs.2,50,000/-
in the present appeal. This is a small and meagre amount and I am of
the considered view that this appeal may not deserve consideration,
more particularly, on the ground of smallness of amount involved.
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 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/s to appear and
defend the case.
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C/FA/3019/2026 ORDER DATED: 14/07/2026
4. Therefore, this order shall not be cited as precedent in any
pending matters before any Court in the State of Gujarat.
5. If any amount of compensation, or any statutory amount, lying
deposited with the Registry of this Court shall be transmitted to the
learned Tribunal concerned.
6. Records & Proceedings 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 to the accounts of claimant/s by RTGS or NEFT.
7. In view of the order passed in the captioned Appeal, connected
civil applications would not survive, as such, the same also stands
disposed of.
8. The appellant is at liberty to revive the appeal in case of
difficulty.
(MOOL CHAND TYAGI, J)
ARUN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARUN B(HC02368), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 15/07/2026 11:18:38
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