Gujarat High Court
New India Assurance Company Ltd vs Indal Gyani Yadav on 7 August, 2025
NEUTRAL CITATION
C/FA/65/2019 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 65 of 2019
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2018
In R/FIRST APPEAL NO. 65 of 2019
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NEW INDIA ASSURANCE COMPANY LTD.
Versus
INDAL GYANI YADAV & ANR.
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Appearance:
MR KV GADHIA(319) for the Appellant(s) No. 1
JEET Y RAJYAGURU(8039) for the Defendant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 07/08/2025
ORAL ORDER
1. Present appeal is filed by the appellant-New India Assurance Company challenging the impugned judgment and award dated 6.9.2017 passed by the learned Workmen Compensation Commissioner, Rajkot in Workmen Compensation (Non Fatal) Application No. 15 of 2019, whereby the learned Commissioner has allowed the application filed by the original claimants and awarded compensation of Rs.1,46,772/- with 12% interest and penalty.
2. Heard learned counsel appearing for the respective parties.
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3. Mr. Gadhia, learned counsel for the appellant has relied upon the decision of the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. vs. Harshadbhai Amrutbhai Modhiya reported in 2006 5 SCC 192, and submitted that the Insurance Company is not liable to pay interest and penalty. He has also submitted that present appeal involves substantial question of law and therefore, present appeal may be heard on merits.
4. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is very paltry amount. Considering the same, this Court is of the opinion that the appeal is not required to be entertained. Accordingly, only on the ground of smallness of amount and with a further clarification that this may not be considered as precedent in other claim petitions arising out of the same accident, the appeal is dismissed. However, there shall be no order as to costs. Registry is directed to send the original records and proceedings to the concerned learned Commissioner forthwith.
5. In view of the decision of the Hon'ble Apex Court in case of Harshadbhai Amrutbhai (supra) if the appellant-insurance company has deposited the interest amount before the learned Commissioner, the same may Page 2 of 3 Uploaded by SURESH SOLANKI(HC00208) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:31:27 IST 2025 NEUTRAL CITATION C/FA/65/2019 ORDER DATED: 07/08/2025 undefined be refunded to the insurance company upon due verification and in accordance with the prescribed procedure within period of eight weeks from the date of receipt of copy of present order.
6. It is further clarified that, if the claimant has already withdrawn a part of the principal amount, the remaining amount shall be disbursed in favour of the claimant(s) after due verification, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not entered into the merits of the case.
7. It shall be open for the original claimant(s) to seek amount of interest and penalty from respondent No.2- the original employer, by initiating appropriate proceedings in accordance with law.
8. Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 3 of 3 Uploaded by SURESH SOLANKI(HC00208) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:31:27 IST 2025