Icici Lombard General Insurance ... vs Gopsing Vichiyabhai Baria

Gujarat High Court

Icici Lombard General Insurance ... vs Gopsing Vichiyabhai Baria on 8 September, 2025

                                                                                                                NEUTRAL CITATION




                             C/FA/2206/2025                                    ORDER DATED: 08/09/2025

                                                                                          09/08/25 - 04:50:59 PMundefined




                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2206 of 2025
                                              With
                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                               In
                                R/FIRST APPEAL NO. 2206 of 2025
                      ======================================
                         ICICI LOMBARD GENERAL INSURANCE COMPANY
                                            LIMITED
                                             Versus
                               GOPSING VICHIYABHAI BARIA & ANR.
                      ======================================
                      Appearance:
                      MR DHAIRYAWAN D BHATT(11817) for the Appellant(s) No. 1
                      MR. MAULIK M SONI(7249) for the Defendant(s) No. 2
                      NISHIT A BHALODI(9597) for the Defendant(s) No. 1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 08/09/2025

                                                       ORAL ORDER

Mr. Dhairyawan D. Bhatt, learned advocate has appeared for the appellant - insurance company and has argued his case by referring to the grounds raised in the appeal memo.

However, noticing the claim for jurisdiction being confined to Rs.2,18,352/-, this Court is not inclined to entertain the appeal only on the issue of smallness of amount involved.

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NEUTRAL CITATION C/FA/2206/2025 ORDER DATED: 08/09/2025 09/08/25 - 04:50:59 PMundefined Hence, the present appeal is disposed of as not entertained solely on the ground of smallness of amount involved. It is clarified that this Court has otherwise not examined the merits of the case and it shall be open for the appellant - insurance company to raise legal contention in appropriate matter. The disposal of the present appeal shall not be treated as precedent.

In view of dismissal of the first appeal, since the entire award amount has been deposited with the concerned Tribunal, considering the request of Mr. Nishit Bhalodi, learned advocate for the respondent no.1 - original claimant, the amount is directed to be released and disbursed in terms of the directions issued by the Tribunal as recorded in its impugned judgment and award.

Order in Civil Application :-

In view of the disposal of the first appeal, present civil application also stands disposed of. Rule discharged. The ad-interim relief granted earlier, stands vacated.

(NISHA M. THAKORE, J.) AMAR RATHOD...