The Oriental Insurance Company Limited vs Ashokbhai Chimanbhai Baria
2025 Latest Caselaw 1872 Guj

Gujarat High Court

The Oriental Insurance Company Limited vs Ashokbhai Chimanbhai Baria on 5 August, 2025

                                                                                                         NEUTRAL CITATION




                              C/FA/2986/2022                              ORDER DATED: 05/08/2025

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                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                         R/FIRST APPEAL NO. 2986 of 2022

                      ======================================
                          THE ORIENTAL INSURANCE COMPANY LIMITED
                                           Versus
                             ASHOKBHAI CHIMANBHAI BARIA & ORS.
                      ======================================
                      Appearance:
                      MS KARUNA V RAHEVAR(3818) for the Appellant(s) No. 1
                      MR.KARNA H DHOMSE(6684) for the Defendant(s) No. 1
                      RULE SERVED for the Defendant(s) No. 2,3
                      UNSERVED EXPIRED (N) for the Defendant(s) No. 4
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 05/08/2025

                                                       ORAL ORDER

Learned advocate for the appellant has assailed the impugned judgment and award in the grounds raised in the appeal memo.

However, noticing the fact that the appeal involved claim to the extent of Rs.2,68,500/-, this Court is not inclined to entertain the appeal only on the ground of smallness of the amount involved. Present appeal is therefore, dismissed as not entertained solely on the smallness of the amount involved.

It is clarified that the dismissal of the present appeal would not be a bar as regards the legal issues raised in any other proceedings.

NEUTRAL CITATION

C/FA/2986/2022 ORDER DATED: 05/08/2025

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The R. & P. is directed to be send back forthwith.

In view of the dismissal of the first appeal, the interim relief stands vacated. The Tribunal shall be at liberty to proceed with the release and disbursement of the entire awarded amount in favour of the original claimants subject to due verification. Let the aforesaid exercise be undertaken by the Tribunal within a period of two weeks from the date of receipt of this order.

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