Gujarat High Court
National Insurance Co Ltd vs Ganshyambhai Mohanlal Joshi on 18 September, 2025
NEUTRAL CITATION
C/FA/2765/2010 JUDGMENT DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2765 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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NATIONAL INSURANCE CO LTD
Versus
GANSHYAMBHAI MOHANLAL JOSHI & ANR.
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR PINAKIN M RAVAL(2495) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/09/2025
ORAL JUDGMENT
1. Present appeal under Section 30 of the Workmen Compensation Act is filed by the appellant - Insurance Company against the impugned judgment and order dated 16.02.2010 passed by the learned Commissioner for Workmen's Compensation, Labour Court, Kalol (N.G.) in Workmen's Compensation Case No. 17 of 2005 whereby the learned Commissioner allowed the claim application and awarded the compensation along with the interest.
2. The appellant - Insurance Company has admitted that the Page 1 of 3 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:59 IST 2025 NEUTRAL CITATION C/FA/2765/2010 JUDGMENT DATED: 18/09/2025 undefined policy for which the claim application was filed before the learned Commissioner was not under the Workmen's Compensation but the same was group personal accident policy and, therefore, there is different procedure, for which, first the claimant has to approach the Insurance Company and fill up the claim form and the same to be submitted before the Insurance Company and, thereafter, the Insurance Company shall consider the claim of the claimant. Though specific averments made in the written statement and the learned Commissioner has observed in issue Nos.5 and 6 to the said fact, but without considering the said fact, the learned Commissioner has directed the Insurance Company to pay the compensation and, therefore, the present appeal is filed.
3. Learned counsel for the appellant has submitted that let the claimant may approach the Insurance Company by way of filing claim form which is prescribed by the Insurance Company along with the relevant documents and, thereafter, the Insurance Company shall decide the claim of the claimant according to the policy.
4. In view of the above and under such circumstances, the respondent - claimant shall approach the Insurance Company by filing application / form along with the relevant documents within a period of ten days from the date of receipt of the copy of this order. On receipt of such application / form, the Insurance Company shall decide the same in accordance with law within a period of eight weeks from the date of receipt of the claim application.
5. In view of the aforesaid observation and direction, the appeal stands disposed of accordingly. The amount deposited by the Insurance Company shall be refunded to the Insurance Company Page 2 of 3 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:59 IST 2025 NEUTRAL CITATION C/FA/2765/2010 JUDGMENT DATED: 18/09/2025 undefined along with the interest accrued thereon. In case of any difficulty, aggrieved party shall approach this Court for revival of the order. Registry is directed to transmit back the record and proceedings to the concerned Court forthwith. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:18:59 IST 2025