New India Assurance Co Ltd vs Hareshbhai Manjibhai Vala

Citation : 2025 Latest Caselaw 6844 Guj
Judgement Date : 22 September, 2025

Gujarat High Court

New India Assurance Co Ltd vs Hareshbhai Manjibhai Vala on 22 September, 2025

                                                                                                                    NEUTRAL CITATION




                             C/FA/75/2015                                         JUDGMENT DATED: 22/09/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                                R/FIRST APPEAL NO. 75 of 2015

                       FOR APPROVAL AND SIGNATURE:

                        HONOURABLE MR.JUSTICE J. L. ODEDRA

                       ==========================================================
                                    Approved for Reporting                        Yes            No

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                                         NEW INDIA ASSURANCE CO LTD
                                                       Versus
                                      HARESHBHAI MANJIBHAI VALA & ORS.
                       ==========================================================
                       Appearance:
                       MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
                       MR. YOGENDRA THAKORE(3975) for the Defendant(s) No. 3
                       RULE SERVED for the Defendant(s) No. 1,2
                       ==========================================================
                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                          Date : 22/09/2025
                                                          ORAL JUDGMENT

1. Heard learned advocate Mr. Sunil Parikh appearing for the appellant - Insurance Company.

2. What could be noticed that the Insurance Company claimed the amount to the tune of Rs. 1,27,000/-. 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 first appeal stands dismissed.

3. It is made clear that present first appeal is dismissed on Page 1 of 2 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:44:43 IST 2025 NEUTRAL CITATION C/FA/75/2015 JUDGMENT DATED: 22/09/2025 undefined 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.

5. The appellant is at liberty to revive the appeal in case of difficulty. Consequently connected application/s, if any, also stands disposed of.

6. 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 courts 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 Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:44:43 IST 2025