Gujarat High Court
United India Insurance Company Limited vs Subhadra Wd/O Dharmendra Laxmandas ... on 18 June, 2025
NEUTRAL CITATION
C/FA/483/2013 JUDGMENT DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 483 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
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UNITED INDIA INSURANCE COMPANY LIMITED
Versus
SUBHADRA WD/O DHARMENDRA LAXMANDAS BAROT & ORS.
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Appearance:
MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1,2,3
MR SAURABH M PATEL(5019) for the Defendant(s) No. 1,2,3
RULE UNSERVED for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/06/2025
ORAL JUDGMENT
1. Present appeal is filed by the appellant against the judgment and award dated 15.03.2012 passed by the learned Workmen's Compensation Commissioner Banaskantha @ Palanpur in Workmen's Compensation Application No.7 of 2006, whereby learned Commissioner partly allowed the application and awarded compensation Page 1 of 3 Uploaded by SURESH SOLANKI(HC00208) on Wed Jun 18 2025 Downloaded on : Fri Jun 20 00:46:52 IST 2025 NEUTRAL CITATION C/FA/483/2013 JUDGMENT DATED: 18/06/2025 undefined of Rs.1,81,370/- with 9% interest and 50% penalty.
2. Being aggrieved and dissatisfied with the impugned judgment and award passed by learned Commissioner the appellant has preferred present appeal.
3. Mr. Mazmudar, learned counsel for the appellant has submitted that learned Commissioner has not properly considered the averments made in the written statement. He has also submitted that learned Commissioner has not properly appreciated the evidence led before him.
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 small. Considering the smallness of amount, this Court is of the opinion that the appeal is not required to be entertained.
5. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other claim petitions arising Page 2 of 3 Uploaded by SURESH SOLANKI(HC00208) on Wed Jun 18 2025 Downloaded on : Fri Jun 20 00:46:52 IST 2025 NEUTRAL CITATION C/FA/483/2013 JUDGMENT DATED: 18/06/2025 undefined out of the same accident, the appeal is dismissed.
6. However, there shall be no order as to costs. Registry is directed to send the original record and proceedings back to the Tribunal forthwith. Pending civil application/s, if any, shall stand disposed of accordingly. Interim relief, if any, granted earlier stands vacated forthwith.
7. The amount lying with learned Commissioner, Palanpur is ordered to be disbursed in favour of the original claimants, after verifying their bank details and after following due process through R.T.G.S./N.E.F.T. Sd/-
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 3 of 3 Uploaded by SURESH SOLANKI(HC00208) on Wed Jun 18 2025 Downloaded on : Fri Jun 20 00:46:52 IST 2025