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1933 DAILYLAW 1 (GUJ)

NEW INDIA ASSURANCE COMPANY LTD v. ABRAHAMBHAI KOSHYA

FA/1933/2021 · 2026-04-22

Mool Chand Tyagi

body1933

Judgment text

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C/FA/1933/2021 ORDER DATED: 22/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1933 of 2021 ========================================================== NEW INDIA ASSURANCE COMPANY LTD Versus ABRAHAMBHAI KOSHYA & ORS. ========================================================== Appearance: MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Defendant(s) No. 2,3 RULE UNSERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 22/04/2026 ORAL ORDER Heard learned advocates for the respective parties. Learned advocate for the respondents pointed out that the captioned appeal may not deserve the consideration on merits owing to the smallness of the amount awarded to the claimant/s. It is noticed that the disputed amount involved in the present appeal is Rs.4,36,500/-. This is a small and meager amount, 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. In view of the order passed in main appeal, connected application, if any, stands disposed of, accordingly. 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 C/FA/1933/2021 ORDER DATED: 22/04/2026 with a view to avoid hardship both physically and financially on the part of the original claimant/s to appear and defend the case. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat. If any amount of compensation, or any statutory amount, lying deposited with the Registry of this Court shall be transmitted to the learned Tribunal concerned. R & P, if any, to be sent back to the concerned Court immediately. The entire award amount be disbursed and released in favour of claimant/s after due verification by transferring said amount/s to the account/s of claimant/s by RTGS or NEFT. The appellant is at liberty to revive the appeal in case of difficulty. (MOOL CHAND TYAGI, J) GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 15:26:51