C/FA/660/2014 JUDGMENT DATED: 04/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 660 of 2014 With R/FIRST APPEAL NO. 532 of 2015 ========================================================== UNITED INDIA INSURANCE CO LTD Versus JAGDISHCHANDRA NATVARLAL PATNI & ORS. ========================================================== Appearance: MR GC MAZMUDAR(1193) for the Appellant(s) No. 1 MR HG MAZMUDAR(1194) for the Appellant(s) No. 1 BHOOMI M THAKORE(6237) for the Defendant(s) No. 1 MS HINA DESAI(1023) for the Defendant(s) No. 3 ========================================================== CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 04/08/2025 ORAL JUDGMENT ORDER IN R/FIRST APPEAL NO. 660 OF 2014: 1. Heard learned advocate Mr. H G Mazmudar appearing for the appellant. 2. What could be noticed that the insurance company has claimed the amount to the tune of Rs. 1,42,750/-. 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, the present 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 C/FA/660/2014 JUDGMENT DATED: 04/08/2025 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. The appellant is at liberty to revive the appeal in case of difficulty. 5. 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. 7. While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law. ORDER IN R/FIRST APPEAL NO. 532 OF 2015: 1. Heard learned advocate for the appellant – Gujarat State Road Transportation Corporation. 2. What could be noticed that the appellant claimed the amount to the tune of Rs. 1,42,750/-. 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 C/FA/660/2014 JUDGMENT DATED: 04/08/2025 that this appeal may not deserve consideration, more particularly, on the ground of smallness of amount. 3. It is also noticed that in the present Appeal, the prayer as prayed for by the appellant is as follows: “(A) admit and allow this First Appeal; (B) dismiss the First Appeal No.660 of 2014 filed by the respondent no.3 Insurance Company and confirm the judgment and award passed by the M.A.C. (Auxi.) Tribunal No.3, Ahmedabad, in M.A.C.P. No.1030/2000; (C) pass such other and further orders as may be deemed just and proper;” 4. Thus, it is plain that as such, the appellant is not aggrieved by the impugned judgment and award. The present Appeal appears to have been filed as though it were simply supporting the impugned judgment and award, in view of it having be assailed in the First Appeal No.660 of 2014. At this stage, Order 41 Rule 22 of the Code of Civil Procedure, 1908, may be examined which reads as follows: “(1) Any respondent, though he may not have appealed from any part of the decree, may not only support the decree but may also state that the finding against him in the Court below in respect of any issue ought to have been in his favour; and may also take any cross-objection to the decree which he could have taken by way of appeal provided he has filed such objection in the Appellant Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time as the Appellate Court may see fit to allow. C/FA/660/2014 JUDGMENT DATED: 04/08/2025 Explanation- A respondent aggrieved by a finding of the Court in the judgment on which the decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other finding which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that respondent.” 5. Thus, on perusal of the said Rule, it is apparent that the respondent has a right to not only support the decree but may also state that the findings against him in the impugned judgment on any issue ought to be in his favor. 6. When the appeal of the Insurance Company, i.e. First Appeal No. 660 of 2014, in itself is not being adjudicated on merits as it is being disposed of on smallness of amount, and when in the present Appeal, except supporting the impugned judgment and award, no other substantial contentions have been adjudged and even the relief, as quoted above herein, is for affirming the judgment and award passed by the Tribunal, in the circumstances, this Appeal also would not survive in as much as the prayer herein is for affirming the judgment and award passed by the learned Tribunal itself. 7. Hence, for the reasons as aforesaid, this Court is inclined to disposed of the present Appeal, i.e. First Appeal No. 532 of 2015 as well. Accordingly, the present Appeal stands dismissed, as it is rendered infructuous, in view of disposal of First Appeal No.660 of 20140 C/FA/660/2014 JUDGMENT DATED: 04/08/2025 8. 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. Therefore, this order shall not be cited as precedent in any pending matters arising from same accident before any Court. 9. R & P, if any, to be sent back to the concerned Court immediately. The appellant is at liberty to revive the appeal in case of difficulty. 10. Consequently connected application/s, if any, also stands disposed of. 11. 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 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JIGAR RABARI(HCD0067), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/08/2025 17:47:36