New India Assurance Co Ltd vs Hareshbhai Manjibhai Vala
2025 Latest Caselaw 6844 Guj

Gujarat High Court

New India Assurance Co Ltd vs Hareshbhai Manjibhai Vala on 22 September, 2025

                                                                                                                    NEUTRAL CITATION




                             C/FA/75/2015                                         JUDGMENT DATED: 22/09/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                                R/FIRST APPEAL NO. 75 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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                                         NEW INDIA ASSURANCE CO LTD
                                                       Versus
                                      HARESHBHAI MANJIBHAI VALA & ORS.
                       ==========================================================
                       Appearance:
                       MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
                       MR. YOGENDRA THAKORE(3975) for the Defendant(s) No. 3
                       RULE SERVED for the Defendant(s) No. 1,2
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                         CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                          Date : 22/09/2025
                                                          ORAL JUDGMENT

1. Heard learned advocate Mr. Sunil Parikh appearing for the

appellant - Insurance Company.

2. What could be noticed that the Insurance Company

claimed the amount to the tune of Rs. 1,27,000/-. 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

NEUTRAL CITATION

C/FA/75/2015 JUDGMENT DATED: 22/09/2025

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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.

5. The appellant is at liberty to revive the appeal in case of

difficulty. Consequently connected application/s, if any,

also stands disposed of.

6. 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

courts fees, if not paid, in accordance with rules/law.

(J. L. ODEDRA, J) JIGAR J RABARI