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High Court of Gujarat

DEPUTY ENGINEERversusDECD. MANSUKHBHAI KURJIBHAI GOHEL

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

The appeal is dismissed on the ground of the smallness of the amount, without deciding any substantive issue on merit.

Summary

The Deputy Engineer and others appealed against the order of a tribunal concerning a road accident claim where an insurance company challenged a payment of Rs.4,12,500. The High Court observed that the amount was small and there was no dispute about the accident itself. Consequently, the Court dismissed the first appeal on the ground of the smallness of the amount, emphasizing that no substantive merits were decided and the order should not be treated as precedent. The Court directed the tribunal to disburse the full amount to the claimant after proper verification, subject to deduction of court fees. The appeal dismissal was made to avoid physical and financial hardship to the original claimant, and the order was not to be cited in future matters arising from the same accident.

Issues considered

  • What is the appropriate basis for dismissing an appeal when the disputed amount is relatively small?
  • Whether a dismissal on the ground of smallness of amount can set a precedent for future cases.

Subjects

appealsmallness of amountroad accidentinsurance claimprecedenttribunaldisbursement

Judgment

     C/FA/78/2015                             ORDER DATED: 16/01/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 78 of 2015

=========================================================
                  DEPUTY ENGINEER & ANR.
                            Versus
        DECD. MANSUKHBHAI KURJIBHAI GOHEL & ORS.
=========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1,2
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 4
RULE SERVED for the Defendant(s) No. 1.1,1.2,1.3,2,3
=========================================================

 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                          Date : 16/01/2026

                            ORAL ORDER

1.   Heard learned advocate Mr.Vibhuti Nanavati appearing

for Respondent No.4.

2.   What could be noticed is that the insurance company

has challenged an amount to the tune of Rs.4,12,500/-.

This is a small and meager amount and considering the fact

that as such there is no dispute in regards the happening of

a 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 3
      C/FA/78/2015                        ORDER DATED: 16/01/2026




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, more

so when this Court has not 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.

5.    The appellant is at liberty to revive the appeal in case

of difficulty.

6.    Consequently connected application/s, if any, also

stands disposed of.

7.    The learned Tribunal is directed to disburse the entire

amount to the claimant after due and proper verification.




                            Page 2 of 3
          C/FA/78/2015                                                     ORDER DATED: 16/01/2026




8.        While making the payment, the Tribunal shall deduct

the courts fees, if not paid, in accordance with rules/law.




                                                                                 (J. L. ODEDRA, J)
RIYA VISHWAKARMA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYA VISHWAKARMA(HC02365), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 20/01/2026 17:56:15




                                                  Page 3 of 3


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