Gujarat High Court
Gujarat State Road Transport ... vs Urmilaben Udesinh Padhiyar on 3 July, 2025
NEUTRAL CITATION
C/FA/1841/2011 JUDGMENT DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1841 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
--- No
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GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.
Versus
URMILABEN UDESINH PADHIYAR & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Appellants
MR YOGEN N PANDYA(5766) for the Respondents
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 03/07/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant - Corporation under Section 30 of the Workmen Compensation Act (hereinafter be referred to as "The Act") against the judgment and award dated 04.10.2010 passed by the learned Commissioner, Workmen Compensation Act, Vadodara Court No.4 (hereinafter be referred to as "the learned Commissioner") in Workmen Compensation Page 1 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025 NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined Application No. 64 of 1997 whereby the learned Commissioner has allowed the application and awarded compensation of Rs.1,75,540/- with penalty of Rs.35,108/- and interest at 12%.
2. Brief facts of the present case are that one Shri Udesinh Padhiyar was an employee of Gujarat State Road Transport Corporation and recruited in the year 1979 as a Conductor. It is the case of the appellant that Shri Udesinh was on duty on 21.08.1996, due to his own sickness he was not in a position to do work further and dropped at Karjan Bus Station at about 10.00 p.m. and at that relevant point of time, Shri Udesinh was suffering from Malaria. It is also the case of the appellant that Shri Udesinh was fallen down from terrace between 11.00 p.m to 11.25 p.m and thereafter he was hospitalized and expired on 22.08.1996 while he was undergoing treatment.
2.1 The legal heirs of deceased Udesinh preferred aforesaid application before the learned Commissioner. The learned Commissioner, after hearing the respective parties and considering the evidence on record, has allowed the application and awarded compensation with penalty and interest.
3. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant has preferred the present appeal.
4. The appeal was admitted and the interim relief was Page 2 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025 NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined granted on condition that the decreetal amount is to be deposited before the concerned learned Commissioner. The said interim relief was confirmed thereafter.
5. Heard Mr.H. S. Munshaw, learned counsel appearing for the appellant and Mr.Yogen Pandya, learned counsel appearing for the respondents at length and perused the material available on record.
6. Mr.Munshaw, learned counsel has submitted the same facts which are narrated in the memo of appeal and has submitted that the learned Commissioner has committed an error in awarding the compensation and penalty and interest. He has submitted that the concerned workman (deceased) was relieved from the duty and at the time of accident, he was not on duty and, therefore, the liability fastened upon the appellant which is absolutely illegal, unjust and erroneous. He has submitted that the deceased was serving as conductor joined with corporation w.e.f. 11.11.1979 and while he was on duty on 21.08.1996, he was suffering from Malaria and due to which he was not feeling well and, therefore, he was relieved from the duty and one another conductor was called to join duty for the said trip and the workman was relieved between 10.30 p.m. to 10.45 p.m. and, thereafter, at 11.30 p.m. the deceased was fallen down from the terrace and died. He has submitted that since the deceased was relieved from the duty, actually he was on duty at the relevant point of time, when he fall down. He has Page 3 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025 NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined submitted that the learned Commissioner has committed an error in considering the quantum of compensation awarded in favour of the respondents, while considering the age of other relevant material. Mr.Munshaw, learned counsel has urged to allow the present appeal and to quash and set aside the impugned judgment and award.
7. Mr.Pandya, learned counsel for the respondent has submitted that the learned Commissioner has not committed any error of facts and law in awarding the amount of compensation. He has submitted that the impugned judgment and award is just and reasonable and no interference is required to be called for. He has submitted that the learned Commissioner has discussed the oral as well as documentary evidence more particularly in para - 2 and rightly come to the conclusion and observed that when the deceased was not feeling well, he was relieved and while he was going to deposit the amount of ticket fair collection in the office of AITE and passing through the terrace he was fallen down. He has submitted that on the basis of the evidence led by the witnesses examined by the respondents and even from their cross-examination, the Corporation has not culled out anything. He has submitted that the learned Commissioner has, after appreciating the oral as well as documentary evidence, decided issue No.2 in favour of the respondents and while considering the quantum, the learned Commissioner has considered the issues No.3 and 4 on the basis of the income which is derived by the deceased at the time of accident and Page 4 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025 NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined considering the age of the deceased, learned Commissioner has rightly awarded the amount in favour of the respondents. He has submitted that there is no any illegality or infirmity in the impugned judgment and award passed by the learned Commissioner. He has submitted that appeal being meritless deserves to be dismissed.
8. It is worthwhile to refer to Section 30 of the Act which reads as under:-
"30. Appeals.- (1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:--
(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
[(aa) an order awarding interest or penalty under section 4A;]
(b) an order refusing to allow redemption of a half- monthly payment;
(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or
(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred Page 5 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025 NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined to in clause (b), unless the amount in dispute in the appeal is not less than ten thousand rupees.
Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties:
[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.] (2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of the Limitation Act, 1963 (36 of 1963)], shall be applicable to appeals under this section."
9. I have considered the submissions canvassed by learned counsel appearing for the respective parties and perused the impugned judgment and award and the material on record. It appears that unless and until, there is any illegality or infirmity or substantial questions of law involved, the Appellate Court cannot consider the appeal while exercising the jurisdiction under Section 30 of the Act. On perusal of the impugned judgment and award, it appears that the learned Commissioner has not committed any illegality or infirmity in the award and, hence, I am of the opinion that this is not a case where the Appellate Court has to exercise the power under Section 30 of the Act. I do not find any error in the impugned judgment and award passed by the learned Commissioner and, therefore, the appeal being meritless deserves to be dismissed.
Page 6 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025NEUTRAL CITATION C/FA/1841/2011 JUDGMENT DATED: 03/07/2025 undefined
10. In the result, the appeal is hereby dismissed. If the awarded amount is not deposited by the appellant, then, the same shall be done and if the amount is deposited, the same shall be disbursed along with the penalty and interest accrued thereon in favour of the respondents through RTGS/NEFT after verifying their bank details. Registry is directed to transmit back the record and proceedings to the concerned Court forthwith. Pending civil application/s shall stand disposed of. Interim relief, if any, granted earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 7 of 7 Uploaded by V.R. PANCHAL(HC00171) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 22:19:28 IST 2025