Gujarat High Court
Lh Of Decd Dinesh Rasikbhai Rathod , ... vs Icici Lombard General Insurance Co Ltd on 29 January, 2025
NEUTRAL CITATION
C/SCA/684/2025 JUDGMENT DATED: 29/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 684 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
No
==========================================================
LH OF DECD DINESH RASIKBHAI RATHOD , DEVIBEN RASIKBHAI
RATHOD
Versus
ICICI LOMBARD GENERAL INSURANCE CO LTD
==========================================================
Appearance:
MR.HIREN M MODI(3732) for the Petitioner(s) No. 1
MS.NEHA MUKHERJEE for MS KIRTI S PATHAK(9966) for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/01/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Ms.Mukherjee for learned advocate Ms.Pathak waives service of Rule on behalf of the respondent.
2. This petition is filed under Article 227 of the Constitution of India challenging the order passed by the learned Workman Compensation Commissioner and Senior Civil Page 1 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined Judge, Labour Court 2, Rajkot dated 13.03.2024, in Workman Compensation (Fatal) Case No.7 of 2021, whereby, the application preferred by the applicant- mother of the deceased for premature release of the Fixed Deposit came to be dismissed.
3. Heard learned advocate Mr.Modi for the pertitioner and learned advocate Ms.Pathak for the respondent.
4. Learned advocate Mr.Modi submits that son of the applicant died, therefore, order was passed by the Tribunal under the Workmen's Compensation Act, 1923 on 23.03.2023 directing the respondent to pay the compensation of Rs.5,00,000/- which was paid and the amount was invested in fixed deposit receipt No.0728897 for five years i.e. from 03.04.2023 to 03.04.2028. Learned advocate Mr.Modi submits that as the applicant is aged more than 60 years and her house which collapsed needed renovation and there was no other place for her shelter, the mother filed an application before the learned labour court praying to release Rs.3,00,000/- out of the amount invested by way of fixed deposit.
4.1. Learned advocate Mr.Modi submits that alongwith an Page 2 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined application the photographs of the house were also placed before the learned court and as the award has not been challenged by the insurance company and attained the finality, learned court below has committed error in rejecting the application filed by the present petitioner. Learned advocate Mr.Modi submits that without considering the basic need in mechanical manner, the learned labour court has dismissed the application by observing that the petitioner is having other major sons and she is receiving the interest on the said fixed deposit on quarterly basis, the amount if released would be spent for other purposes and on that ground the application came to be rejected. Learned advocate Mr.Modi submits that without considering the age of the mother and the requirement as stated, the learned labour court has passed an order therefore, same is required to be set aside and the petitioner is required to be paid Rs.3,00,000/- out of the amount invested by way of fixed deposit.
4.2. Learned advocate Mr.Modi has relied on the decision rendered by the Apex Court in the case of A.V.Padma and others Versus R.Venugopal and others Page 3 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined reported in 2012 ACJ 698 and submitted that the discretion is given to the claim Tribunal, to the learned courts not to invest on investment of compensation amount in long term fixed deposit and release even the whole amount after considering the requirement placed before the learned courts. In view of the above submission learned advocate Mr.Modi prays to allow this petition by setting aside the impugned order dated 13.03.2023.
5. On the other hand learned advocate Ms.Pathak submits that as as the insurance company has not challenged the aforesaid order, therefore it would be for the learned court to decide either to release in favour of the petitioner or to invest in the fixed deposit on long term basis therefore, they would be a formal party and no other orders are required to be passed against them.
6. Considering the submissions made by the learned advocates and considering the guidelines issued by the Apex Court in the case of A.V.Padma and others Versus R.Venugopal and others (supra), it is undisputed fact that the amount as directed by the learned court in Workman Compensation (Fatal) Page 4 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined Application No.7 of 2021 was deposited by the Insurance Company and was invested initially for a period of one year on 02.03.2023 and thereafter further invested for the period of five years.
6.1. Referring the decision rendered by the learned labour court under the Workmen's Compensation Act, 1923, it is also not disputed that the mother was sole dependent of the deceased and therefore, she is only the person who is entitled for the amount which is deposited by the Insurance Company. Learned court has also recorded the consent given by the other heirs namely Shaileshbhai Rasikbhai Rathod and Ravjibhai Rasikbhai Rathod who are brothers and aged around 42 years and 38 years respectively.
6.2. The decision rendered by the Apex Court wherein the Apex Court has categorized the claimants in three categories namely illiterate claimants and widows, semi literate claimants and literate claimants. The present petitioner fall under the first category i.e. the illeterate claimants and widows and therefore, as per the guidelines issued by the Apex Court before releasing the amount, the Tribunal could have made sure that the Page 5 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined amount is actually spent for the purpose, and demand is not ruse to withdraw the money. In the present case, demand is made for the purpose of renovation of house and in support of the said demands photographs were also placed on record.
6.3. It is undisputed fact that petitioner is having two other sons, however considering her age which is recorded by the learned court i.e. 62 years and the photographs annexed with the petition, this Court is of the view that it is in the larger interest of the claimant who is the mother of the deceased son to release the amount and to renovate the house which is in deteriorate condition.
6.4. Undoubtedly the guidelines were issued by this Court to invest the amount to safeguard the interest of the claimant. However the same would not mean that the learned Tribunal would take rigid stand while considering he application for release of money. As per the observation made by the Apex Court, the guidelines cast a responsibility on the Tribunal to pass appropriate order after examining each case on its merits. However, learned Tribunals are passing orders in routine and Page 6 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025 NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined casual manner ignoring the object and spirit of the guidelines issued by the Apex Court and rejecting the application without considering the genuine requirement of the claimant.
7. In that view of the matter, this Court is of the view that the present petition is required to be allowed and the petitioner is required to be permitted to release the amount of Rs.3,00,000/- from the fixed deposit which is invested in the FD No.0728897 at the same time to ensure that the amount is spent for the purpose which is mentioned in the application. The undertaking is also required to be filed by the petitioner before the learned labour court regarding not spending the amount for any other purpose.
8. Resultantly this petition is allowed. Order passed by the learned court on 13.03.2024 in Workman Compensation (Fatal) Application No.7 of 2021 is hereby set aside. The amount of Rs.3,00,000/- be released from the fixed deposit No.0728897 and the remaining amount be invested in the fixed deposit for further period of three years.
9. Rule is made absolute.
Page 7 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025
NEUTRAL CITATION C/SCA/684/2025 JUDGMENT DATED: 29/01/2025 undefined
10. Direct service is permitted.
(M. K. THAKKER,J) NIVYA A. NAIR Page 8 of 8 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:17:23 IST 2025