Gujarat High Court
Kashmirsing @ Karimsing ... vs Jogindersingh U Hundal on 15 December, 2021
Bench: A.S. Supehia
C/SCA/18737/2021 ORDER DATED: 15/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18737 of 2021
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KASHMIRSING @ KARIMSING BAHADURSING SARDAR
Versus
JOGINDERSINGH U HUNDAL
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Appearance:
MS POOJA H HOTCHANDANI(7765) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 15/12/2021
ORAL ORDER
1. Issue Rule.
2. The present writ petition has been filed challenging the
impugned order dated 22.01.2020 passed below Exh.67 in
Workmen Compensation (Non-Fatal) Application No.46 of 2005,
whereby the WC Commissioner has ordered to disburse only
15% amount to the petitioner and rest of the 85% amount is
ordered to be invested in FDR for three years.
3. The petitioner was employed with the respondent No.2,
who is the owner of the Truck Tanker No.GJ-6-W-8013. During
the course of employment, the petitioner met with an accident
on 26.12.2004, in which, he sustained grievous injuries which
resulted into 60% permanent partial impairment of left leg and
being a professional driver, the petitioner has received 100%
functional / occupational disability. After completion of the
trial, the Workmen Compensation Commissioner, Labour Court
No.2, Vadodara awarded Rs.2,15,524/- as compensation. Being
aggrieved by and dissatisfied with the quantum of the award
passed by the Workmen Compensation, Labour Court No.2,
Vadodara, the petitioner filed First Appeal No.2472 of 2018
before this Court and this Court, after hearing the learned
C/SCA/18737/2021 ORDER DATED: 15/12/2021
advocates for respective parties, vide order dated 05.09.2018
enhanced further compensation by Rs.71,842 along with
interest @ 12% from 01.02.2012 to 14.03.2017. In compliance
of the order of this Court dated 05.09.2018 passed in First
Appeal No.2472 of 2018, the respondent No.2 - Insurance
Company deposited an amount of Rs.2,46,889/- before the
office of Workmen Compensation Commissioner, Labour Court,
Vadodara. Thereafter, the petitioner filed an application being
W.C. (Non Fatal) Application No.46 of 2015 for disbursement of
the aforesaid amount deposited by the Insurance Company,
whereby the Workmen Compensation Commission, Labour
Court No.2, Vadodara vide impugned order dated 22.01.2020
has directed to disburse 15% of total deposited amount to the
petitioner and rest of 85% amount is ordered to be invested in
FDR for three years.
4. Learned advocate Ms. Pooja Hotchandani, appearing for
the petitioner has submitted that in fact, the respondent
Insurance Company did not raise any objection with regard to
the disbursement of entire amount of Rs.2,46,889/- to the
petitioner, despite that the Workmen Compensation
Commissioner has passed the impugned order. He has
submitted that the petitioner is in dire need of money and he
requires the entire amount. Further, it is submitted that the
judgment, on which the Workmen Compensation
Commissioner has placed reliance in the case of New India
Assurance Com. Ltd. Vs. Narsinh D. Harijan (Solanki)
reported in 2007 Lab IC 2712, will not apply in the present
case, as it would be applicable in the original proceedings.
5. The facts mentioned hereinabove suggest that the
C/SCA/18737/2021 ORDER DATED: 15/12/2021
petitioner is claiming the amount of Rs.2,46,889/-, which was
deposited by the respondent No.2 before the Workmen
Compensation Commissioner, Vadodara, for which the
petitioner filed an application for withdrawal of the aforesaid
amount, as he is in dire need of money. The aforesaid
application was not objected by any one. Despite the aforesaid
position, the Workmen Compensation Commissioner has
ordered to deposit 85% of the amount to be invested in the
FDR for three years and rest of only 15% of amount is allowed
to be disbursed to the petitioner.
5. In the opinion of this Court, the approach of the Workmen
Compensation Commissioner is misdirected, since all the
proceedings below Exh.67 in Workmen Compensation (Non-
Fatal) Application No.46 of 2005 have become final and after
finalisation of such proceedings and in wake of no objection of
any party, such observations were not called for. The
application filed by the petitioner below Exh.67 was required to
be allowed in entirety when there is no claim left by any one
on the aforesaid amount, except the present petitioner. Hence,
the present writ petition is allowed. The impugned order dated
22.01.2020 passed below Exh.67 in Workmen Compensation
(Non-Fatal) Application No.46 of 2005, is hereby quashed and
set aside. The Workmen Compensation Commissioner,
Vadodara is directed to disburse the entire amount of
Rs.2,46,889/- to the petitioner within a period of three weeks
after appropriate verification.
6. Rule is made absolute to the aforesaid extent.
(A. S. SUPEHIA, J)
MAHESH BHATI/44
