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2016 DAILYLAW 2289 (GUJ)

UNITED INDIA INSURANCE COMPANY LIMITED. v. M D USMANRAZA

FA/2861/2016 · 2026-08-13

J C Doshi

body2016

Judgment text

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C/FA/2861/2016 ORDER DATED: 13/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2861 of 2016 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025 In R/FIRST APPEAL NO. 2861 of 2016 ========================================================== UNITED INDIA INSURANCE COMPANY LIMITED. Versus M D USMANRAZA & ORS. ========================================================== Appearance: MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1 NISARG DESAI, RITU AGGARWAL & PRAVALIKHA BATTHINI FOR GANDHI LAW ASSOCIATES(12275) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 13/08/2026 ORDER Order in Civil Application Considering the averments made in the application, the present application is allowed in terms of para 10(b) and stands disposed of accordingly. Necessary amendment be carried out forthwith. Order in First Appeal The captioned rst appeal, the amount of compensation involved is below Rs.5 lakh. Having heard the submissions made at bar by learned advocate, 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 appeal, the Court is C/FA/2861/2016 ORDER DATED: 13/08/2026 not inclined to entertain the present appeal and therefore, present appeal stands dismissed on account of smallness of amount. Consequently, CA, if any, does not survive and stands disposed of accordingly. Interim relief, if any, stands vacated. However, it is clari ed 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, the decision of present appeal shall not be treated as precedent for deciding any legal issue. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. The learned concerned Court is directed to disburse the amount of compensation, if any, deposited by the appellant- Company, after deducting Court fee to the claimant/s after due veri cation and identi cation along with interest and after verifying his right to claim the compensation. Apart from the smallness of the amount involved in the matter, it appears that the Insurance Company has challenged the issue of saddling it with the liability to pay interest. However, on examining the policy on record, there is no condition in the policy excluding the liability of the Insurance Company to pay the interest in question. Therefore, the challenge to that extent of such liability is not acceptable. (J. C. DOSHI,J) MANOJ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANOJKUMAR(HC01092), PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:49:49