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High Court of Gujarat · body

2007 DAILYLAW 885 (GUJ)

NEW INDIA ASSURANCE CO. LTD. v. BHAYALUBHA BHARATSINH

FA/768/2007 · 2026-06-17

J C Doshi

body2007

Judgment text

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C/FA/768/2007 ORDER DATED: 17/06/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 768 of 2007 ========================================================== NEW INDIA ASSURANCE CO. LTD. Versus BHAYALUBHA BHARATSINH & ORS. ========================================================== Appearance: MR SANDIP C SHAH(792) for the Appellant(s) No. 1 KHUSHBU D CHHAYA(8093) for the Defendant(s) No. 2 MR KETAN A DAVE(255) for the Defendant(s) No. 1 SERVED BY AFFIX. (R) for the Defendant(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/06/2026 ORDER 1. Heard learned advocates for the respective parties. 2. Having heard the submissions made at bar, the amount involved in the subject matter of present First Appeal is on lower side i.e. less than Rs.5,00,000/- and therefore, considering the smallness of the awarded amount involved in the present appeals and also considering the fact that Employees Compensation Act, 1923 is beneficial piece of legislation, the Court is not inclined to entertain the present appeal and therefore, present appeal stand dismissed on account of smallness of amount. 3. However, it is clarified that dismissal of present appeal shall not be construed that the Court has decided any legal issue involved in the subject matter of present appeal and therefore, C/FA/768/2007 ORDER DATED: 17/06/2026 the decision of present appeal shall not be treated as precedent for deciding any legal issue. 4. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. 5. The learned Trial Court is directed to disburse the amount of compensation deposited by the appellant after deducting Court fee to the claimants after due verification and identification along with interest and after verifying their right to claim the compensation. 6. The appellant is at liberty to revive the appeal in case of difficulty. (J. C. DOSHI,J) PARMAR KRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/06/2026 15:01:17