Oriental Insurance Company Ltd vs Chandubhai Chaturbhai Baria
2025 Latest Caselaw 8191 Guj

Gujarat High Court

Oriental Insurance Company Ltd vs Chandubhai Chaturbhai Baria on 21 November, 2025

                                                                                                                      NEUTRAL CITATION




                             C/FA/1732/2015                                         JUDGMENT DATED: 21/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1732 of 2015

                       FOR APPROVAL AND SIGNATURE:

                       HONOURABLE MR.JUSTICE J. L. ODEDRA

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                                    Approved for Reporting                          Yes           No

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                                          ORIENTAL INSURANCE COMPANY LTD
                                                       Versus
                                         CHANDUBHAI CHATURBHAI BARIA & ORS.
                       ==========================================================
                       Appearance:
                       MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
                       DELETED for the Defendant(s) No. 6
                       RULE SERVED for the Defendant(s) No. 1,2,3,4,5,7
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                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                           Date : 21/11/2025

                                                            ORAL JUDGMENT

1. Heard learned advocate Ms. Megha M Dave, on behalf of

Mr. Dakshesh Mehta, appearing for appellant no.1.

2. What could be noticed that the Insurance Company has

claimed the amount to the tune of Rs.2,50,000/-. 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

NEUTRAL CITATION

C/FA/1732/2015 JUDGMENT DATED: 21/11/2025

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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