Gujarat High Court Dismisses Insurance Company's Appeal Due to Smallness of Amount in Motor Accident Claim. Court declines to decide merits, orders disbursement to claimant.

High Court: Gujarat High Court

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2026-05-19 01:19:38

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Case Note & Summary

The case involves a first appeal filed by the Divisional Controller (appellant) against Bajaj Alliance General Insurance Co. Ltd. and others (respondents) arising from a motor accident claim. The insurance company had claimed an amount of Rs. 3,69,500/-. The High Court of Gujarat at Ahmedabad, presided over by Justice J. L. Odedra, heard the matter. The court noted that the amount in dispute was small and meager, and there was no dispute regarding the occurrence of the road accident. Considering the smallness of the amount and to avoid physical and financial hardship to the original claimant, the court dismissed the appeal without deciding any issue on merit. The court clarified that the order shall not be cited as a precedent in any pending matters arising from the same accident. The appellant was granted liberty to revive the appeal in case of difficulty. The Tribunal was directed to disburse the entire amount to the claimant after due verification and deduction of court-fees if not paid. The judgment was delivered on 19/01/2026.

Headnote

A) Motor Accident Claims - Smallness of Amount - Dismissal of Appeal - The High Court dismissed the appeal filed by the insurance company on the ground of smallness of the amount involved (Rs. 3,69,500/-) to avoid hardship to the claimant. The court clarified that the dismissal is not on merits and shall not be treated as a precedent. The appellant was granted liberty to revive the appeal in case of difficulty. (Paras 2-3)

Issue of Consideration

Whether the appeal against a small award of Rs. 3,69,500/- should be entertained on merits.

Final Decision

The first appeal is dismissed on account of smallness of the amount. The order shall not be treated as a precedent. The appellant is at liberty to revive the appeal in case of difficulty. The Tribunal is directed to disburse the entire amount to the claimant after due verification and deduction of court-fees if not paid.

Law Points

Smallness of amount
dismissal without deciding merits
no precedent value
liberty to revive appeal

Case Details

2026:GUJHC:4195

R/FIRST APPEAL NO. 564 of 2015

2026-01-19

J. L. Odedra

2026:GUJHC:4195

Mr. Vibhuti Nanavati for appellant no.1, Mr. Hardik C Rawal for appellant(s) No. 1, Mr. Daifraz Havewalla for defendant(s) No. 2,3,4, Mr. Vibhuti Nanavati for defendant(s) No. 1

Divisional Controller

Bajaj Alliance General Insurance Co Ltd & Ors.

Nature of Litigation

First appeal against a motor accident claim award

Remedy Sought

Appellant (Divisional Controller) sought to challenge the award of Rs. 3,69,500/- in favor of the claimant

Filing Reason

Insurance company claimed the amount was small and meager, and there was no dispute regarding the road accident

Issues

Whether the appeal should be entertained on merits given the smallness of the amount involved.

Submissions/Arguments

Appellant argued for consideration of the appeal; court noted the small amount and no dispute on accident.

Ratio Decidendi

An appeal involving a small amount may be dismissed to avoid hardship to the claimant, without deciding merits, and such dismissal does not create a precedent.

Judgment Excerpts

What could be noticed that the insurance company claimed the amount is Rs. 3,69,500/-. 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. 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.

Procedural History

The appeal was filed in 2015 against an award of the Motor Accident Claims Tribunal. The High Court heard the matter and dismissed the appeal on 19/01/2026.