Extracted from the PDF above. The PDF is authoritative.
C/FA/463/2015 ORDER DATED: 11/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 463 of 2015 ========================================================== MANAGER Versus DINESHBHAI MOTIBHAI NAIK & ORS. ========================================================== Appearance: MS HINA DESAI(1023) for the Appellant(s) No. 1 MR K R MISHRA(6312) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ==========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 11/09/2025
ORAL ORDER
1. What could be noticed that the insurance company claimed the amount to the tune of Rs.2,00,000/-. This is a small and meager amount and considering the aspect of having no dispute with regard 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.
2. 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
C/FA/463/2015 ORDER DATED: 11/09/2025 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.
3. R & P, if any, to be sent back to the concerned Court immediately.
4. 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.
8. At this instance, it is appropriate to refer to note dated 18.08.2025, whereby it has been placed before this Court that the cost of preparing the paper book is not deposited by the appellant till date and, therefore, only the record and proceedings has been received by the High Court without paper book in this matter. However, considering the fact that this Court is disposing of this matter owing to smallness of amount, the issue of preparation of paper book does not survive. Accordingly, the said note dated 18.08.2025 of the Assistant Registrar/Deputy Registrar of the First Appeal Department is disposed of as infructuous.
(J. L. ODEDRA, J) SUDHIR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 11/09/2025 18:41:23