Gujarat High Court
Bhavnagar Municipal Corporation vs Late Gomiben Punabhai Through Heirs, ... on 31 July, 2025
NEUTRAL CITATION
C/FA/3521/2010 JUDGMENT DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3521 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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BHAVNAGAR MUNICIPAL CORPORATION & ANR.
Versus
LATE GOMIBEN PUNABHAI THROUGH HEIRS, SURESHBHAI
DAHYABHAI & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
ADVOCATE NOTICE SERVED for the Defendant(s) No. 2,3
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 31/07/2025
ORAL JUDGMENT
1. Present appeal under Section 30 of the Workmen Compensation Act (hereinafter be referred to as "the Act") is directed against the impugned judgment and award dated 14.09.2010 passed by the Ex-Officio Commissioner, Workmen Compensation, Labour Court, Bhavnagar (hereinafter be referred Page 1 of 3 Uploaded by V.R. PANCHAL(HC00171) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:41:45 IST 2025 NEUTRAL CITATION C/FA/3521/2010 JUDGMENT DATED: 31/07/2025 undefined to as "the learned Commissioner") in Workmen (Fatal) Case No.13 of 1995 whereby the learned Commissioner has allowed the said claim application and awarded Rs.70,581/- towards compensation along with the interest at the rate of 9% and 25% penalty at Rs.17,645/-.
2. It is the case of the appellants that the application was filed by the respondents before the learned Commissioner at very belated stage i.e. after four years of the date of incident since the accident occurred on 01.06.1991 and the claim application came to be filed in the year 1995, so there was unexplained delay on the part of the claimants. It is the case of the appellants that while original claimant (deceased) was crossing the railway, she met with an accident, due to which she succumbed to the injury and it was illegal act on the part of the deceased and thus, the appellants are not liable for untimely death of the deceased. It is also the case of the appellants that the deceased was after reliving the office hours and after two hours she met with the accident and thus, the same is not covered under the Act.
3. Heard Mr.H. S. Munshaw, learned counsel appearing for the appellants. Though served, the respondents have chosen not to remain present before the Court.
4. Considering the facts of the present case and the submissions canvassed by the learned counsel for the appellants and considering the fact that the amount involved in the present appeal is below Rs.1,00,000/- and on the ground of smallness of the amount, the appeal deserves to be dismissed.
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5. In view of the above, the appeal is dismissed. The amount of compensation is already deposited by the appellants before the concerned learned Commissioner, Labour Court, Bhavnagar. If the respondents approach the concerned Labour Court, the amount of compensation shall be disbursed in favour of the respondents, after following due procedure and verifying the bank details of the respondents herein, through the RTGS / NEFT. It is made clear that this order may not be considered as precedent in other claim petition. There shall be no order as to costs. Registry is directed to transmit back the record and proceedings to the concerned Court forthwith.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:41:45 IST 2025