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2025 DAILYLAW 8535 (GUJ)

NEW INDIA ASSURANCE CO LTD v. SUKABHAI KALUBHAI VASAWA

FA/899/2015 · 2025-11-18

J L Odedra

body2025

Judgment text

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C/FA/899/2015 ORDER DATED: 18/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 899 of 2015 ========================================================== NEW INDIA ASSURANCE CO LTD Versus SUKABHAI KALUBHAI VASAWA & ANR. ========================================================== Appearance: MR GC MAZMUDAR(1193) for the Appellant(s) No. 1 MR HG MAZMUDAR(1194) for the Appellant(s) No. 1 MR.HIREN M MODI(3732) for the Defendant(s) No. 1 SERVED BY PUBLICATION IN NEWS for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 18/11/2025 ORAL ORDER Heard learned advocate for the respective parties. 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. 3,46,940/- as compensation at the rate of 9% 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. It is made clear that the present first appeal is dismissed C/FA/899/2015 ORDER DATED: 18/11/2025 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 before any Court in the State of Gujarat. 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. The appellant is at liberty to revive the appeal in case of difficulty. (J. L. ODEDRA, J) RIYA VISHWAKARMA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RIYA VISHWAKARMA(HC02365), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/11/2025 16:59:14