Gujarat High Court
Vijaykumar Chandrabhushan Singh vs Rakesh B Thakur on 21 November, 2025
NEUTRAL CITATION
C/FA/4155/2025 JUDGMENT DATED: 21/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4155 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
==========================================================
VIJAYKUMAR CHANDRABHUSHAN SINGH
Versus
RAKESH B THAKUR & ANR.
==========================================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
MR KV GADHIA(319) for the Defendant(s) No. 2
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
ORAL JUDGMENT
1. This appeal is filed under Section 30 of the Workmen's Compensation Act, challenging the judgment dated 15.02.2019 passed by the learned Workmen's Compensation Commissioner, Kachchh, Gandhidham, in Workmen's Compensation (Non-Fatal) Case No. 34 of 2013, whereby the learned Commissioner partly allowed the application and awarded compensation of Rs. Page 1 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:40:18 IST 2025
NEUTRAL CITATION C/FA/4155/2025 JUDGMENT DATED: 21/11/2025 undefined 1,65,984/- with interest at the rate of 12%, along with 50% penalty against respondent No. 1. However, the learned Commissioner has not adjudicated upon the claimant's request for reimbursement of medical expenses incurred by him.
2. At the outset, the learned advocate, Mr. Modi, confines his prayer to the limited issue of non-grant of medical expenses amounting to Rs. 1,20,000/-, despite the supporting bills having been produced on record.
3. Heard learned advocate Mr. Hiren Modi for the Appellant and learned advocate Mr.K.V.Gadhia for the Defendant.
4. The learned advocate Mr. Modi, submits that Section 4(2)(A) of the Employees' Compensation Act, inserted by the Legislature to ensure the award of medical expenses has been overlooked by the learned Commissioner while determining compensation. It is submitted that the medical expenses claimed were neither rejected nor allowed, and without any discussion on this aspect, the claim was partly allowed. The learned advocate Mr. Modi further submits that, after the judgment was delivered, a review application was filed before the Page 2 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:40:18 IST 2025 NEUTRAL CITATION C/FA/4155/2025 JUDGMENT DATED: 21/11/2025 undefined Authority, which came to be rejected on the ground that no typographical error existed, rendering the review non-maintainable. It is therefore contended that, since the learned Commissioner failed to consider the claim for medical expenses, the same is required to be awarded. Therefore, the impugned judgment deserves to be set aside, and the appeal is required to be allowed to the aforesaid extent.
5. Per contra, the learned advocate Mr.Gadhia, is unable to point out any observations or reasoning in the order of the learned Commissioner pertaining to the claim for medical expenses.
6. Having considered the arguments advanced by the learned advocates for the respective parties, it emerges that, while rendering the judgment and partly allowing the claimant's application, the learned Commissioner did not undertake any discussion regarding the medical expenses incurred. In support of the said expenses, the claimant had produced the medical bills at Exh. 16 and the disability certificate at Exh. 16/48. Although the learned Commissioner, while appreciating the evidence, referred to the prescriptions and the bills, the claim Page 3 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:40:18 IST 2025 NEUTRAL CITATION C/FA/4155/2025 JUDGMENT DATED: 21/11/2025 undefined pertaining to entitlement to medical expenses was thereafter not adjudicated upon.
7. In that background, in the considered opinion of this Court, the matter is required to be remanded to the learned Workmen's Compensation Commissioner for adjudication of the claim pertaining to medical expenses. Accordingly, the First Appeal is partly allowed, and the claim is restored to its original file.
8. The learned Commissioner shall adjudicate the claim for medical expenses to the extent of Rs. 1,20,000/-, as claimed before this Court in paragraph 'D' of the memo of appeal, after considering the evidence placed on record. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this judgment.
9. Resultantly this appeal is partly allowed.
(M. K. THAKKER,J) NIVYA A. NAIR Page 4 of 4 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:40:18 IST 2025