The New India Assurance Company ... vs Jivuba Batuksinh Gohil Widow
2021 Latest Caselaw 12432 Guj

     C/FA/2084/2021                                ORDER DATED: 25/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2084 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 2084 of 2021
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                THE NEW INDIA ASSURANCE COMPANY LTD
                                Versus
                    JIVUBA BATUKSINH GOHIL WIDOW
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Appearance:
MR YOGI K GADHIA(5913) for the Appellant(s) No. 1
MR RAJESH P MANKAD(2637) for the Defendant(s) No. 1,2
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 3,4,5
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                              Date : 25/08/2021

                               ORAL ORDER

Pursuant to issuance of Notice, learned advocate Mr. Mankad appears for the heirs of the employee.

Having heard the learned advocates for the respective parties and having considered the judgment and award of the Workmen Compensation Commissioner, this appeal is admitted as following substantial questions of law arise for consideration

(i) Whether the alleged incident could be termed as an accident arising out of and in the course of employment of the victim ?

(ii) Whether the incident occurred due to the use of the vehicle insured by the present appellant ?

(iii) Whether the death of the victim due to heart attack could be

C/FA/2084/2021 ORDER DATED: 25/08/2021

termed as an accident ?

(iv) Whether the claimants are entitled to compensation in case of natural death, more so when no casual connection or stress or strain is proved ?

Order in Civil Application for stay

Rule, returnable forthwith.

Learned advocate Mr. Rajesh Mankad waives service of notice of Rule on behalf of the respondents on whose behalf he appears.

As already indicated in earlier order, amount awarded has been deposited as statutorily required. In that view, there shall be stay of the impugned judgment and award of the Workmen Compensation Commissioner during the pendency of the First Appeal.

However, this order shall not preclude the claimants from moving appropriate application for disbursement of the part of the amount to be considered on its own merits and in accordance with law.

The Civil Application accordingly allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI