THE NEW INDIA ASSURANCE CO. LTD v. SHANTABEN PRAHLADJI THAKOR (DELETED)
FA/1982/2016 · 2025-11-27
Mool Chand Tyagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7048 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7048 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/FA/1982/2016 ORDER DATED: 27/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1982 of 2016 ========================================================== THE NEW INDIA ASSURANCE CO. LTD Versus SHANTABEN PRAHLADJI THAKOR (DELETED) & ORS. ========================================================== Appearance: MR GC MAZMUDAR(1193) for the Appellant(s) No. 1 MR HG MAZMUDAR(1194) for the Appellant(s) No. 1 BHARAT R RAVAL(9024) for the Defendant(s) No. 2,3 DELETED for the Defendant(s) No. 1 MR MAHENDRA U VORA(3034) for the Defendant(s) No. 4 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 27/11/2025
ORAL ORDER
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 claimants. It is noticed that the learned Tribunal has awarded amount of Rs.3,49,000/- to the claimants. This is a small and meager amount and considering the aspect of having no dispute in 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.
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
C/FA/1982/2016 ORDER DATED: 27/11/2025 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 claimants after due verification by transferring said amount to the accounts of claimants by RTGS or NEFT.
6. The appellant is at liberty to revive the appeal in case of difficulty.
(MOOL CHAND TYAGI, J) ARUN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARUN B(HC02368), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/11/2025 15:05:06