Gujarat High Court
New India Assurance Co. Ltd vs Dharmaji Navaji Mali (Deleted) on 21 November, 2025
NEUTRAL CITATION
C/FA/1812/2015 JUDGMENT DATED: 21/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1812 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J. L. ODEDRA
==========================================================
Approved for Reporting Yes No
==========================================================
NEW INDIA ASSURANCE CO. LTD.
Versus
DHARMAJI NAVAJI MALI (DELETED) & ORS.
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
DS AFF.NOT FILED (R) for the Defendant(s) No. 7
KAASH K THAKKAR(7332) for the Defendant(s) No. 3,4,5,6
MR KK THAKKAR(2834) for the Defendant(s) No. 3,4,5,6
MR TANMAY B KARIA(6833) for the Defendant(s) No. 8
RULE SERVED for the Defendant(s) No. 2
SERVED BY AFFIX. (R) for the Defendant(s) No. 9
==========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 21/11/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. H G Mazmudar appearing for appellant no.1.
2. What could be noticed that the Insurance Company has claimed the amount to the tune of Rs.3,86,500/-. This is a small and meager amount and considering the aspect of having no dispute in regards to the road accident, this Court is of the opinion that this appeal may not deserve consideration, more particularly, on the ground of smallness of amount. Accordingly, present first appeal Page 1 of 2 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:22:20 IST 2025 NEUTRAL CITATION C/FA/1812/2015 JUDGMENT DATED: 21/11/2025 undefined 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 Page 2 of 2 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:22:20 IST 2025