DEPUTY MANAGERversusJOITARAM BECHARBHAI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeals were dismissed on account of the smallness of the compensation amount, and no legal issue was decided.
Summary
The Deputy Manager appealed against the compensation awarded to Parsottambhai Becharbhai (deceased) and others, claiming a higher amount. The High Court noted that the compensation involved was less than Rs.5 lakh, a relatively small quantum. Considering the low amount, the Court was not inclined to entertain the appeals. Consequently, the appeals were dismissed on the ground of smallness of the amount, without deciding any substantive legal issue. The order also directed the return of records and the disbursement of the compensation by the Commissioner after verification.
Issues considered
- Whether an appeal for compensation can be entertained when the quantum of compensation is less than Rs.5 lakh
Subjects
Judgment
C/FA/394/2010 ORDER DATED: 23/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 394 of 2010
With
CIVIL APPLICATION (FOR STAY) NO. 4 of 2010
In R/FIRST APPEAL NO. 394 of 2010
With
R/FIRST APPEAL NO. 393 of 2010
==========================================================
DEPUTY MANAGER
Versus
PARSOTTAMBHAI BECHARBHAI (SINCE DECEASED) & ORS.
==========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Defendant(s) No. 1
RULE SERVED BY DS for the Defendant(s) No. 1.1,1.2,1.3,1.4,2,3
MR SHAILESH DESAI, AGP for the Respondent State
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 23/04/2026
ORDER
In the first appeals, 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 appeals is on lower side i.e. less than
Rs.5,00,000/-, considering the smallness of the awarded
amount involved in the present appeals, the Court is not
inclined to entertain the present appeals and therefore,
present appeals stand dismissed on account of smallness of
amount. Consequently, CA, if any, does not survive and
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C/FA/394/2010 ORDER DATED: 23/04/2026
stands disposed of accordingly.
However, it is clarified that dismissal of present appeals
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeals 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 insurance company
to the claimants after due verification and identification along
with interest and after verifying their right to claim the
compensation.
Registry to maintain copy of this order in each matter.
(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 23/04/2026 14:50:39
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