NATIONAL INSURANCE COMPANY LTD. v. URMILABEN MAHESHBHAI JETHWA
FA/1021/2015 · 2025-12-04
J L Odedra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6946 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6946 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/FA/1021/2015 ORDER DATED: 04/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1021 of 2015 ========================================================== NATIONAL INSURANCE COMPANY LTD. Versus URMILABEN MAHESHBHAI JETHWA & ORS. ========================================================== Appearance: MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1 DISMISSED FOR NON PROSECUTION for the Defendant(s) No. 6 MR TULSHI R SAVANI(3070) for the Defendant(s) No. 1,2,3,4,5 ==========================================================
CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 04/12/2025
ORAL ORDER
1. Heard learned advocate for the respective parties.
2. Learned advocate for the respondent/s pointed out that the captioned appeal may not deserve the consideration on merits owing to the smallness of the amount awarded to the claimant/s. It is noticed that the learned Tribunal has awarded amount of Rs. 3,64,500/- as compensation at the rate of 7.5% per annum from the date of filing of the petition till realization of awarded amount, along with proportionate costs, from the opponents. 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 the present first appeal is
C/FA/1021/2015 ORDER DATED: 04/12/2025 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. 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.
6. The appellant is at liberty to revive the appeal in case of difficulty.
(J. L. ODEDRA, J) ADITYA SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/12/2025 17:53:06