Case Note & Summary
The present first appeal was filed by United India Insurance Company Limited against the award of compensation in a motor accident claim case. The insurance company challenged an amount of Rs. 4,14,000/- awarded to the claimant, Minor Jay @ Sunny Dilipkumar Ambalal Bhoi and others. The High Court of Gujarat at Ahmedabad, presided over by Justice J. L. Odedra, heard the matter. The court noted that there was no dispute regarding the occurrence of the road accident. The court observed that the amount in question was small and meager. Considering the smallness of the amount and to avoid physical and financial hardship to the original claimant, the court dismissed the appeal. The court clarified that the dismissal was solely on account of the smallness of the amount and not on merits, and therefore the order shall not be treated as a precedent. The court also directed the Tribunal to disburse the entire amount to the claimant after due verification and to deduct court fees if not paid. The appellant was given liberty to revive the appeal in case of difficulty. Connected applications, if any, were also disposed of.
Headnote
A) Motor Accident Compensation - Smallness of Amount - Dismissal of Appeal - The insurance company challenged the compensation award of Rs. 4,14,000/- on the ground of smallness of amount - The High Court dismissed the appeal without deciding any issue on merit, holding that the amount is meager and the appeal does not deserve consideration - The order was passed to avoid physical and financial hardship to the original claimant - The order shall not be treated as a precedent (Paras 2-3).
Issue of Consideration
Whether the appeal challenging a small compensation amount should be entertained on merits.
Final Decision
The first appeal is dismissed on account of smallness of amount. The order shall not be treated as precedent. The Tribunal is directed to disburse the entire amount to the claimant after due verification and deduct court fees if not paid. The appellant is at liberty to revive the appeal in case of difficulty. Connected applications stand disposed of.
Law Points
- Smallness of amount
- dismissal of appeal to avoid hardship
- order not to be treated as precedent
