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2023 DAILYLAW 1237 (GUJ)

THE NEW INDIA ASSURANCE CO. LTD. v. GIGANBHAI DANABHAI @ NATUBHAI MUCHAL

FA/4029/2023 · 2026-04-20

Mool Chand Tyagi

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/FA/4032/2023 ORDER DATED: 20/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4032 of 2023 With R/FIRST APPEAL NO. 4029 of 2023 With R/FIRST APPEAL NO. 4031 of 2023 With R/FIRST APPEAL NO. 4033 of 2023 ========================================================== THE NEW INDIA ASSURANCE CO. LTD. Versus GIGANBHAI DANABHAI @ NATUBHAI MUCHAL & ORS. ========================================================== Appearance: MR.KRUTIK A PARIKH(7268) for the Appellant(s) No. 1 HARSH A VYAS(9330) for the Defendant(s) No. 4 MR. HEMAL SHAH(6960) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 20/04/2026 ORAL ORDER ORDER IN 4032/2023 1. Heard learned advocates for the respective parties. 2. 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. It is noticed that the learned Tribunal has awarded amount of Rs.1,16,200/- to the claimant. 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 C/FA/4032/2023 ORDER DATED: 20/04/2026 first appeal stands dismissed. 3. 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 with a view to avoid hardship both physically and financially on the part of the original claimant to appear and defend the case. 4. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat. 5. 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. 6. 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. 7. In view thereof, connected Civil Applications, if any, also stands disposed of. 8. The appellant is at liberty to revive the appeal in case of difficulty. ORDER IN 4029/2023 1. Heard learned advocates for the respective parties. C/FA/4032/2023 ORDER DATED: 20/04/2026 2. 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. It is noticed that the learned Tribunal has awarded amount of Rs.3,05,000/- to the claimant. 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 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. 4. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat. 5. 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. 6. 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 C/FA/4032/2023 ORDER DATED: 20/04/2026 to the account/s of claimant/s by RTGS or NEFT. 7. In view thereof, connected Civil Applications, if any, also stands disposed of. 8. The appellant is at liberty to revive the appeal in case of difficulty. ORDER IN 4031/2023 1. Heard learned advocates for the respective parties. 2. 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. It is noticed that the learned Tribunal has awarded amount of Rs.4,36,000/- to the claimant. 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 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. 4. Therefore, this order shall not be cited as precedent in any C/FA/4032/2023 ORDER DATED: 20/04/2026 pending matters before any Court in the State of Gujarat. 5. 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. 6. 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. 7. In view thereof, connected Civil Applications, if any, also stands disposed of. 8. The appellant is at liberty to revive the appeal in case of difficulty. ORDER IN 4033/2023 1. Heard learned advocates for the respective parties. 2. 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. It is noticed that the learned Tribunal has awarded amount of Rs.3,01,000/- to the claimant. 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. C/FA/4032/2023 ORDER DATED: 20/04/2026 3. 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 with a view to avoid hardship both physically and financially on the part of the original claimant to appear and defend the case. 4. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat. 5. 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. 6. 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. 7. In view thereof, connected Civil Applications, if any, also stands disposed of. 8. The appellant is at liberty to revive the appeal in case of difficulty. (MOOL CHAND TYAGI, J) HARSHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/05/2026 16:46:11