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High Court of Gujarat

DIVISIONAL CONTROLLERversusBAJAJ ALLIANCE GENERAL INSURANCE CO LTD

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

The appeal is dismissed on the ground of the smallness of the amount claimed.

Summary

The Divisional Controller appealed against an order of the Tribunal concerning a road‑accident claim against Bajaj Alliance General Insurance Co. Ltd. The insurer had offered to pay Rs. 3,69,500, which the appellant considered insufficient. The High Court observed that the quantum of the claim was small and that there was no dispute over the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that the order was not intended to set a precedent. The Court directed the Tribunal to disburse the full amount to the claimant after verification, subject to deduction of any unpaid court‑fees. The appeal was dismissed and any connected applications were also disposed of.

Issues considered

  • Whether the appeal should be entertained despite the small quantum of the claim

Subjects

appealsmall quantuminsurance claimroad accidentpreliminary dismissalcourt feesdisbursement

Judgment

   C/FA/564/2015                             JUDGMENT DATED: 19/01/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 564 of 2015

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J. L. ODEDRA

==========================================================
          Approved for Reporting             Yes          No

==========================================================
                 DIVISIONAL CONTROLLER
                          Versus
     BAJAJ ALLIANCE GENERAL INSURANCE CO LTD & ORS.
==========================================================
Appearance:
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
MR DAIFRAZ HAVEWALLA(3982) for the Defendant(s) No. 2,3,4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 5,6,7
==========================================================
 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
                         Date : 19/01/2026
                         ORAL JUDGMENT

  1. Heard learned advocate Mr. Vibhuti Nanavati, learned

     advocate appearing for appellant no.1.

  2. What could be noticed that the insurance company claimed

     the amount is Rs. 3,69,500/-. 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.



                               Page 1 of 2
            C/FA/564/2015                                                            JUDGMENT DATED: 19/01/2026




          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. Therefore, this order shall not

               be cited as precedent in any pending matters arising from

               same accident before any Court.

          4. R & P, if any, to be sent back to the concerned Court

               immediately. The appellant is at liberty to revive the appeal

               in case of difficulty. Consequently connected application/s,

               if any, also stands disposed of.

          5. The learned Tribunal is directed to disburse the entire

               amount to the claimant after due and proper verification.

               While making the payment, the Tribunal shall deduct the

               court-fees, if not paid, in accordance with rules/law.




                                                                                              (J. L. ODEDRA, J)
    JIGAR J RABARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JIGAR RABARI(HCD0067), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 17:10:14




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