Icici Lombard General Insurance ... vs Gopsing Vichiyabhai Baria
2025 Latest Caselaw 6369 Guj

Gujarat High Court

Icici Lombard General Insurance ... vs Gopsing Vichiyabhai Baria on 8 September, 2025

                                                                                                                NEUTRAL CITATION




                             C/FA/2206/2025                                    ORDER DATED: 08/09/2025

                                                                                          09/08/25 - 04:50:59 PMundefined




                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2206 of 2025
                                              With
                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                               In
                                R/FIRST APPEAL NO. 2206 of 2025
                      ======================================
                         ICICI LOMBARD GENERAL INSURANCE COMPANY
                                            LIMITED
                                             Versus
                               GOPSING VICHIYABHAI BARIA & ANR.
                      ======================================
                      Appearance:
                      MR DHAIRYAWAN D BHATT(11817) for the Appellant(s) No. 1
                      MR. MAULIK M SONI(7249) for the Defendant(s) No. 2
                      NISHIT A BHALODI(9597) for the Defendant(s) No. 1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 08/09/2025

                                                       ORAL ORDER

Mr. Dhairyawan D. Bhatt, learned advocate has

appeared for the appellant - insurance company and has

argued his case by referring to the grounds raised in the

appeal memo.

However, noticing the claim for jurisdiction being

confined to Rs.2,18,352/-, this Court is not inclined to

entertain the appeal only on the issue of smallness of amount

involved.

NEUTRAL CITATION

C/FA/2206/2025 ORDER DATED: 08/09/2025

09/08/25 - 04:50:59 PMundefined

Hence, the present appeal is disposed of as not

entertained solely on the ground of smallness of amount

involved. It is clarified that this Court has otherwise not

examined the merits of the case and it shall be open for the

appellant - insurance company to raise legal contention in

appropriate matter. The disposal of the present appeal shall

not be treated as precedent.

In view of dismissal of the first appeal, since the entire

award amount has been deposited with the concerned

Tribunal, considering the request of Mr. Nishit Bhalodi,

learned advocate for the respondent no.1 - original claimant,

the amount is directed to be released and disbursed in terms

of the directions issued by the Tribunal as recorded in its

impugned judgment and award.

Order in Civil Application :-

In view of the disposal of the first appeal, present civil

application also stands disposed of. Rule discharged. The

ad-interim relief granted earlier, stands vacated.

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