HDFC ERGO GENERAL INSURANCE CO LTDversusRAMBHIBEN KESHAVBHAI ODEDARA
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount.
Summary
HDFC ERGO General Insurance Co Ltd and an associate filed a first appeal against a compensation order awarded to Ramabh... and others. The contested compensation was less than Rs.5 lakh. The High Court, after hearing submissions, held that the amount was too small to warrant adjudication of the appeal. Consequently, the appeal was dismissed solely on the ground of the smallness of the amount, without addressing any substantive legal issues. The court clarified that the dismissal does not set any precedent and directed the commissioner to disburse the deposited compensation with interest after verification.
Issues considered
- Whether a first appeal involving a compensation amount of less than Rs.5,00,000 can be entertained by the High Court
Subjects
Judgment
C/FA/942/2019 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 942 of 2019
==========================================================
HDFC ERGO GENERAL INSURANCE CO LTD & ANR.
Versus
RAMBHIBEN KESHAVBHAI ODEDARA & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 2
MR. ALKESH N SHAH(3749) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,3,4,5
RULE SERVED for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 7
SERVED BY AFFIX. (R) for the Defendant(s) No. 6
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 14/07/2026
ORDER
In the first appeal, the amount of compensation involved
is below Rs.5 lakh.
Having heard the submissions made at bar and
considering the fact that the amount involved in the subject
matter of present First appeal is on lower side i.e. less than
Rs.5,00,000/-, considering the smallness of the awarded
amount involved in the present appeal, the Court is not
inclined to entertain the present appeal and therefore,
present appeal stands dismissed on account of smallness of
amount. Notice discharged. Consequently, CA, if any, does
not survive and stands disposed of accordingly.
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C/FA/942/2019 ORDER DATED: 14/07/2026
However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal
issue involved in the subject matter of present appeal and
therefore, the decision of present appeal shall not be treated
as precedent for deciding any legal issue.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
The learned Commissioner is directed to disburse the
amount of compensation deposited by the appellant to the
claimants after due verification and identification along with
interest and after verifying their right to claim the
compensation.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 13:34:17
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