Gujarat High Court
Reliance General Insurance Co Ltd vs Kaliben Wd/O Jayantibhai Pandor on 4 August, 2021
Bench: N.V.Anjaria
C/FA/1836/2021 ORDER DATED: 04/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1836 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/FIRST APPEAL NO. 1836 of 2021
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RELIANCE GENERAL INSURANCE CO LTD
Versus
KALIBEN WD/O JAYANTIBHAI PANDOR
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5,5.1,5.2,5.3,5.4,5.5
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 04/08/2021
ORAL ORDER
ORDER IN FIRST APPEAL
Heard learned advocate Mr. Rathin Raval for the
appellant.
2. It is the judgment and award of the Commissioner
passed in Employees Compensation (Fatal) Application No.6
of 2012 awarding Rs.3,89,280/- with interest and 20% penalty
of Rs.77,356/- holding the insurance company liable to pay the
amount.
3. It appears that the employee was a driver posted on the
Tractor No.GJ.9.AF.2178, whose employment was permanent
in nature. While he was driving the tractor, in the night hours
on 5.5.2011, the tyre of the tractor rammed into electric pole.
In this accident, the respondent suffered serious injuries and
died while under treatment in the hospital at Samlaji.
C/FA/1836/2021 ORDER DATED: 04/08/2021
4. It was stated by learned advocate for the appellant that
the awarded amount has been deposited in compliance of the
statutory requirement.
5. In the facts of the case, the present Appeal is Admitted,
on the following substantive questions of law:
(i) Whether in the facts and circumstances of the
case, the insurance company could have been hold liable
when the insurance policy was in favour of the dead
person ?
(ii) Whether the insurance company was liable
when the deceased person did not have driving license ?
(iii) Whether employer - employee relationship
between the deceased workman and the insurance
company could be said to be existing and whether such
relationship was proved on evidence ?
(iv) Whether the insurance company would be
liable in law to pay the interest ?
ORDER IN CIVIL APPLICATION
Heard learned advocate Mr. Rathin Raval for the
applicant.
2. The present application is for stay of the impugned
judgment and award of the Employees Compensation
Commissioner. The appeal is admitted by order of even date
C/FA/1836/2021 ORDER DATED: 04/08/2021
on the substantive questions of law mentioned in the order. As
the amount is deposited, there shall be stay of impugned
judgment and award dated 24.1.2020 by the Workmen's
Compensation Commissioner, Modasa in Workmen
Compensation (Fatal) Case No.6 of 2012.
3. It is provided that the Commissioner of the Court shall
invest entire deposited amount in a fixed deposit with any
nationalized bank which would be of cumulative in nature
initially for a period of 1 year and renewable. The receipt of
the same shall remain in the custody of the Nazir and shall not
be utilized for any purpose including raising of loan, subject to
further orders that may be passed by the Court.
4. This order will not preclude the original claimants to
move an application for disbursement of the part of the
amount out of the deposited as above, to be considered on its
own merits and in accordance with law.
5. Rule returnable on 22.9.2021.
(N.V.ANJARIA, J)
KAUSHIK D. CHAUHAN
