High Court of Gujarat

DIVISIONAL CONTROLLERversusCHAMPABEN KALABHAI THAKOR

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: L ODEDRA

Holding

The appeal is dismissed on account of the smallness of the amount awarded.

Summary

The appellant filed a first appeal against a tribunal award of Rs. 2,61,702 as compensation for a road accident. The learned Tribunal had awarded interest at 9% per annum and proportionate costs. The respondent argued that the appeal should not be entertained due to the modest quantum of the award. The High Court, noting the smallness of the amount and the absence of any substantive dispute, dismissed the appeal on that ground, emphasizing that the order is not to be treated as precedent. The court directed that the award be released to the claimant after verification and allowed the appellant to revive the appeal if necessary.

Issues considered

Whether a civil appeal may be dismissed solely on the ground of the smallness of the amount awarded

Subjects

civil appealsmallness of amountdismissalcompensationroad accident

Judgment

    C/FA/582/2016                                JUDGMENT DATED: 25/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 582 of 2016


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE J. L. ODEDRA

==========================================================

          Approved for Reporting                 Yes          No

==========================================================
                         DIVISIONAL CONTROLLER
                                  Versus
                    CHAMPABEN KALABHAI THAKOR & ORS.
==========================================================
Appearance:
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
ADVOCATE NOTICE NOT RECD BACK for the Defendant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 4
MR HG MAZMUDAR(1194) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 3
UNSERVED EXPIRED (R) for the Defendant(s) No. 2
==========================================================

 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/582/2016                                JUDGMENT DATED: 25/02/2026




   awarded amount of Rs. 2,61,702/- 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.




                               Page 2 of 3
     C/FA/582/2016                                               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 18:37:40

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