NEW INDIA ASSURANCE CO. LTD.versusKALABHAI HASANBHAI THAKOR [DELETD]
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on account of the smallness of the amount, without deciding any substantive issue on merits.
Summary
The appellant New India Assurance Co. Ltd. appealed against a tribunal award of Rs. 1,74,468 as compensation for a road accident. The learned Tribunal had awarded interest at 9% per annum and proportionate costs. The High Court, after hearing counsel, dismissed the appeal on the ground that the amount was small and the appeal did not merit consideration on merits. The court emphasized that the dismissal was to avoid physical and financial hardship to the claimant and that the order should not be treated as precedent. The award amount was ordered to be released to the claimant after verification, and the appellant was permitted to revive the appeal if needed.
Issues considered
- Whether an appeal can be dismissed solely on the basis of the smallness of the award amount
- Whether such dismissal creates a binding precedent
Subjects
Judgment
C/FA/533/2015 JUDGMENT DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 533 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J. L. ODEDRA
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Approved for Reporting Yes No
✔
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NEW INDIA ASSURANCE CO. LTD.
Versus
KALABHAI HASANBHAI THAKOR [DELETD] & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1,3,5
MR HARDIK C RAWAL(719) for the Defendant(s) No. 4
MR R.K.MANSURI(3205) for the Defendant(s) No. 2
RULE SERVED BY DS for the Defendant(s) No. 6
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 25/02/2026
JUDGMENT
1. Heard learned advocate for the respective parties.
2. Learned advocate for the respondent/s pointed out that
the captioned appeal may not deserve the consideration on
merits owing to the smallness of the amount awarded to
the claimant/s. It is noticed that the learned Tribunal has
Page 1 of 3
C/FA/533/2015 JUDGMENT DATED: 25/02/2026
awarded amount of Rs. 1,74,468/- as compensation at the
rate of 9% per annum from the date of filing of the petition
till realization of awarded amount, along with
proportionate costs, from the opponents. 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 the 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.
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C/FA/533/2015 JUDGMENT DATED: 25/02/2026
5. 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.
6. The appellant is at liberty to revive the appeal in case of
difficulty.
(J. L. ODEDRA, J)
SUDHIR
Page 3 of 3
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 02/03/2026 18:41:10
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