GUJARAT STATE ROAD TRANSPORT CORPORATIONversusSANGEETABEN BISTUBHAI KUNWAR
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on account of the smallness of the amount awarded.
Summary
The Gujarat State Road Transport Corporation filed a first appeal against a tribunal award of Rs.2,06,440 to Sangeetaben Bistubhai Kunwar & Anr. The award arose from a road accident and the amount was modest. The appellant sought to challenge the award, but the Court examined whether the appeal merited consideration given the small sum and lack of dispute. The Court concluded that proceeding with the appeal would impose unnecessary physical and financial hardship on the claimant. Accordingly, the appeal was dismissed on the ground of smallness of the amount, with the order expressly not to be cited as precedent and the awarded sum to be released to the claimant.
Issues considered
- Whether a first appeal can be dismissed solely on the ground of the smallness of the amount awarded
Subjects
Judgment
C/FA/4122/2025 ORDER DATED: 23/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4122 of 2025
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
SANGEETABEN BISTUBHAI KUNWAR & ANR.
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 23/06/2026
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 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.2,06,440/- 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
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C/FA/4122/2025 ORDER DATED: 23/06/2026
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 23/06/2026 18:34:14
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