NEW INDIA ASSURANCE CO LTDversusSADRUDDIN MAGANLAL NARSANDANI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed solely on the ground of the smallness of the amount, without deciding any substantive issue on merit.
Summary
New India Assurance Co. Ltd filed a first appeal against Sadurdin Maganlal Narsandani & Ors. seeking a claim of Rs. 4,34,000 arising from a road accident. The High Court observed that the amount was small and that there was no dispute over the accident itself. Consequently, the Court dismissed the appeal on the ground of the smallness of the amount, expressly stating that no substantive merits were decided and the order should not be treated as precedent. The Court directed the lower tribunal to verify and disburse the full claim amount to the claimant, after deducting any unpaid court fees. The appellant was allowed to revive the appeal if any difficulty arises, and any connected applications were disposed of.
Issues considered
- What is the appropriate basis for dismissing an appeal when the claim amount is relatively small?
- Whether dismissal on the ground of smallness of amount precludes consideration of the merits of the case?
Subjects
Judgment
C/FA/7/2015 JUDGMENT DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 7 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
SADRUDDIN MAGANLAL NARSANDANI & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 2.5,2.6
MR MAKBUL I MANSURI(2694) for the Defendant(s) No.
2.1,2.2,2.3,2.4
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/01/2026
ORAL JUDGMENT
1. Heard learned advocate Ms.Mausami Nanavati on behalf of
Mr. Vibhuti Nanavati, learned advocate appearing for
appellant no.1.
2. What could be noticed that the insurance company claimed
the amount is Rs. 4,34,000/-. 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,
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C/FA/7/2015 JUDGMENT DATED: 08/01/2026
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 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 09/01/2026 11:53:07
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