ORIENTAL INSURANCE CO LTDversusPARASBEN VIKRAMBHAI PARMAR
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- MOOL CHAND TYAGI
Holding
The appeal is dismissed on the ground of smallness of the amount.
Summary
The Oriental Insurance Company appealed a decision favoring Parasben Vikrambhai Parmar and others concerning a claim of Rs.4,60,500. The respondents argued that the appeal should not be entertained due to the modest quantum of the claim. The Court agreed, noting that the amount was small and there was no dispute over the underlying road accident. Consequently, the Court dismissed the first appeal on the ground of smallness of the amount, emphasizing that the order should not be treated as precedent. The Court also directed that any deposited compensation be released to the claimants after verification and allowed the appellant to revive the appeal if necessary.
Issues considered
- Whether an appeal involving a modest claim amount of Rs.4,60,500 should be entertained on its merits?
Subjects
Judgment
C/FA/4423/2019 ORDER DATED: 29/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4423 of 2019
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ORIENTAL INSURANCE CO LTD
Versus
PARASBEN VIKRAMBHAI PARMAR & ORS.
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/01/2026
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 involved in the appeal. It is noticed that the
challenge made by the insurance company in the present appeal is of
Rs.4,60,500/-. 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/4423/2019 ORDER DATED: 29/01/2026
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 claimants 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. 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 29/01/2026 16:03:44
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