UNITED INDIA INSURANCE COMPANY LIMITEDversusKHATRI HITESHKUMAR JAYESHBHAI
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal was dismissed because the compensation amount was less than Rs.5 lakh, and the court was not inclined to entertain the appeal.
Summary
The appellant, United India Insurance Company Ltd, filed a first appeal against a compensation award of less than Rs.5 lakh granted to the respondents, Khatri Hitesh Kumar Jayeshbhai and others. The appellant sought to stay the award and maintain interim relief. The High Court observed that the amount involved was modest and, considering the smallness of the award, was not inclined to entertain the appeal. Consequently, the court dismissed the appeal without deciding any substantive legal issue and vacated the earlier interim relief. The court directed the commissioner to verify the claimants' entitlement and disburse the deposited compensation with interest, and ordered the return of the record and pleadings to the lower court.
Issues considered
- Whether a first appeal involving a compensation amount below Rs.5 lakh should be entertained by the High Court
Subjects
Judgment
C/FA/3739/2025 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3739 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 3739 of 2025
==========================================================
UNITED INDIA INSURANCE COMPANY LIMITED
Versus
KHATRI HITESHKUMAR JAYESHBHAI & ORS.
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
AAKASH D MODI(7449) for the Defendant(s) No. 1
MR SP HASURKAR(345) for the Defendant(s) No. 2,3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/07/2026
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. Notice discharged. Interim
relief granted earlier stands vacated.
Page 1 of 2
C/FA/3739/2025 ORDER DATED: 10/07/2026
However, it is clarified that dismissal of present appeal
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 10/07/2026 13:34:08
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.