United India Insurance Company Ltd vs Anvar Dosubhai
2025 Latest Caselaw 1178 Guj

Gujarat High Court

United India Insurance Company Ltd vs Anvar Dosubhai on 21 July, 2025

                                                                                                                    NEUTRAL CITATION




                            C/FA/3290/2013                                        JUDGMENT DATED: 21/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 3290 of 2013

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                                          UNITED INDIA INSURANCE COMPANY LTD
                                                          Versus
                                                ANVAR DOSUBHAI & ORS.
                       ==========================================================
                       Appearance:
                       MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                       MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
                       RULE NOT RECD BACK for the Defendant(s) No. 1.1
                       RULE SERVED for the Defendant(s) No. 1.2,1.3,2
                       ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                           Date : 21/07/2025

                                                           ORAL JUDGMENT

1. Heard learned advocate Mr. G C Mazmudar for the appellant in the present matter.

2. What could be noticed that the insurance company claimed the amount to the tune of Rs. 2,98,620/-. 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 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

NEUTRAL CITATION

C/FA/3290/2013 JUDGMENT DATED: 21/07/2025

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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.

6. Consequently connected application/s, if any, also stands disposed of.

7. The learned Tribunal is directed to disburse the entire amount to the claimant after due and proper verification.

8. 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