NEW INDIA ASSURANCE CO. LTD.versusLEELABEN WD/O SHANTILAL VALSINGHBHAI PARGI
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- L ODEDRA
Holding
The appeal is dismissed on the ground of the smallness of the amount awarded.
Summary
The appellant, New India Assurance Co. Ltd., filed a first appeal against an award of Rs. 3,76,700 granted to the respondents, Leelaben (widow of Shantilal Valsinghbhai Pargi) and others, arising from a road accident. The respondents argued that the appeal should not be entertained because the quantum of the award was modest. The learned judge concurred, holding that the smallness of the amount justified dismissing the appeal without a merits hearing, primarily to avoid undue hardship to the claimant. The order expressly states that the dismissal is not to be treated as precedent. The court directed that the awarded amount be released to the claimants via electronic transfer and that the appeal may be revived if necessary.
Issues considered
- Whether an appeal can be dismissed solely on the ground of the small quantum of the award.
Subjects
Judgment
C/FA/865/2015 ORDER DATED: 28/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 865 of 2015
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NEW INDIA ASSURANCE CO. LTD.
Versus
LEELABEN WD/O SHANTILAL VALSINGHBHAI PARGI & ORS.
==========================================================
Appearance:
MR KV GADHIA(319) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,5,6
UMARFARUK M KHARADI(8155) for the Defendant(s) No. 1,3,4
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date: 28/01/2026
ORAL ORDER
1. Heard learned advocate for the respective parties.
2. Learned advocate for the respondents 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 awarded amount of Rs.
3,76,700/- as compensation from the date of &ling of the petition
till realization of awarded amount, along with proportionate
costs, from the opponents.
3.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 &rst appeal stands dismissed.
4. It is made clear that the present &rst appeal is dismissed on
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C/FA/865/2015 ORDER DATED: 28/01/2026
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 &nancially on the part
of the original claimant to appear and defend the case.
5. Therefore, this order shall not be cited as precedent in any
pending matters before any Court in the State of Gujarat.
6. 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 veri&cation by transferring said
amount/s to the account/s of claimant/s by RTGS or NEFT.
7. The appellant is at liberty to revive the appeal in case of
di5culty.
(J. L. ODEDRA, J)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 31/01/2026 12:29:51
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