New India Assurance Co. Ltd vs Dharmaji Navaji Mali (Deleted)
2025 Latest Caselaw 8192 Guj

Gujarat High Court

New India Assurance Co. Ltd vs Dharmaji Navaji Mali (Deleted) on 21 November, 2025

                                                                                                                      NEUTRAL CITATION




                             C/FA/1812/2015                                         JUDGMENT DATED: 21/11/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1812 of 2015

                       FOR APPROVAL AND SIGNATURE:

                       HONOURABLE MR.JUSTICE J. L. ODEDRA

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                                    Approved for Reporting                          Yes           No

                       ==========================================================
                                            NEW INDIA ASSURANCE CO. LTD.
                                                        Versus
                                         DHARMAJI NAVAJI MALI (DELETED) & ORS.
                       ==========================================================
                       Appearance:
                       MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                       MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
                       DELETED for the Defendant(s) No. 1
                       DS AFF.NOT FILED (R) for the Defendant(s) No. 7
                       KAASH K THAKKAR(7332) for the Defendant(s) No. 3,4,5,6
                       MR KK THAKKAR(2834) for the Defendant(s) No. 3,4,5,6
                       MR TANMAY B KARIA(6833) for the Defendant(s) No. 8
                       RULE SERVED for the Defendant(s) No. 2
                       SERVED BY AFFIX. (R) for the Defendant(s) No. 9
                       ==========================================================
                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                           Date : 21/11/2025
                                                            ORAL JUDGMENT

1. Heard learned advocate Mr. H G Mazmudar appearing for appellant no.1.

2. What could be noticed that the Insurance Company has claimed the amount to the tune of Rs.3,86,500/-. 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/1812/2015 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