High Court of Gujarat
THE NEW INDIA ASSURANCE CO. LTD.versusGIGANBHAI DANABHAI @ NATUBHAI MUCHAL
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The court dismissed the first appeals on account of the smallness of the amount awarded and expressly held that the orders are not to be treated as precedent.
Summary
The New India Assurance Co. Ltd. appealed orders of a tribunal that awarded modest sums (ranging from Rs.1,16,200 to Rs.4,36,000) to claimants in road‑accident cases. The respondents argued that the appeals should not be entertained because the amounts were small and there was no dispute over the accidents. Justice Mool Chand Tyagi agreed, dismissing each first appeal on the ground of the smallness of the award and emphasizing that the order is not to be treated as precedent. The court explained that the dismissal aims to avoid physical and financial hardship to the original claimants. The dismissed awards are to be released to the claimants after verification, and the appellants may revive the appeals if needed.
Issues considered
- Whether a first appeal can be dismissed solely on the basis of the smallness of the amount awarded by the tribunal
- Whether such dismissal should be considered precedent for future cases
Subjects
appealsmallness of amountcivil procedurenon‑precedential orderroad accidentinsurance claim
Judgment
C/FA/4032/2023 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4032 of 2023
With
R/FIRST APPEAL NO. 4029 of 2023
With
R/FIRST APPEAL NO. 4031 of 2023
With
R/FIRST APPEAL NO. 4033 of 2023
==========================================================
THE NEW INDIA ASSURANCE CO. LTD.
Versus
GIGANBHAI DANABHAI @ NATUBHAI MUCHAL & ORS.
==========================================================
Appearance:
MR.KRUTIK A PARIKH(7268) for the Appellant(s) No. 1
HARSH A VYAS(9330) for the Defendant(s) No. 4
MR. HEMAL SHAH(6960) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 20/04/2026
ORAL ORDER
ORDER IN 4032/2023
1. Heard learned advocates for the respective parties.
2. Learned advocate for the respondents pointed out that the
captioned appeal may not deserve the consideration on merits owing to
the smallness of the amount awarded to the claimant. It is noticed that
the learned Tribunal has awarded amount of Rs.1,16,200/- to the
claimant. 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
Page 1 of 6
C/FA/4032/2023 ORDER DATED: 20/04/2026
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 to appear and defend
the case.
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. R & P, 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/s
to the account/s of claimant/s by RTGS or NEFT.
7. In view thereof, connected Civil Applications, if any, also stands
disposed of.
8. The appellant is at liberty to revive the appeal in case of difficulty.
ORDER IN 4029/2023
1. Heard learned advocates for the respective parties.
Page 2 of 6
C/FA/4032/2023 ORDER DATED: 20/04/2026
2. Learned advocate for the respondents pointed out that the
captioned appeal may not deserve the consideration on merits owing to
the smallness of the amount awarded to the claimant. It is noticed that
the learned Tribunal has awarded amount of Rs.3,05,000/- to the
claimant. 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 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 to appear and defend
the case.
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. R & P, 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/s
Page 3 of 6
C/FA/4032/2023 ORDER DATED: 20/04/2026
to the account/s of claimant/s by RTGS or NEFT.
7. In view thereof, connected Civil Applications, if any, also stands
disposed of.
8. The appellant is at liberty to revive the appeal in case of difficulty.
ORDER IN 4031/2023
1. Heard learned advocates for the respective parties.
2. Learned advocate for the respondents pointed out that the
captioned appeal may not deserve the consideration on merits owing to
the smallness of the amount awarded to the claimant. It is noticed that
the learned Tribunal has awarded amount of Rs.4,36,000/- to the
claimant. 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 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 to appear and defend
the case.
4. Therefore, this order shall not be cited as precedent in any
Page 4 of 6
C/FA/4032/2023 ORDER DATED: 20/04/2026
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. R & P, 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/s
to the account/s of claimant/s by RTGS or NEFT.
7. In view thereof, connected Civil Applications, if any, also stands
disposed of.
8. The appellant is at liberty to revive the appeal in case of difficulty.
ORDER IN 4033/2023
1. Heard learned advocates for the respective parties.
2. Learned advocate for the respondents pointed out that the
captioned appeal may not deserve the consideration on merits owing to
the smallness of the amount awarded to the claimant. It is noticed that
the learned Tribunal has awarded amount of Rs.3,01,000/- to the
claimant. 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.
Page 5 of 6
C/FA/4032/2023 ORDER DATED: 20/04/2026
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 to appear and defend
the case.
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. R & P, 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/s
to the account/s of claimant/s by RTGS or NEFT.
7. In view thereof, connected Civil Applications, if any, also stands
disposed of.
8. The appellant is at liberty to revive the appeal in case of difficulty.
(MOOL CHAND TYAGI, J)
HARSHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/05/2026 16:46:11
Page 6 of 6
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