Hdfc Ergo General Insurance ... vs Rahulbhai Vikrambhai Vaghela
2021 Latest Caselaw 1462 Guj

          C/FA/283/2021                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 283 of 2021

                             With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 283 of 2021
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         HDFC ERGO GENERAL INSURANCE COMPANY LTD
                           Versus
               RAHULBHAI VIKRAMBHAI VAGHELA
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 01/02/2021

                            ORAL ORDER

Order in First Appeal:-

Heard learned advocate Mr.Maulik Shelat for the appellant.

First Appeal is admitted considering the following substantial questions of law.

"(A) Whether ld. Commissioner has committed a jurisdictional error by observing that claimant has successfully proved employer- employee relationship in absence of any documentary evidence?

(B) Whether ld. Commissioner has committed jurisdictional error by holding appellant liable to pay compensation by ignoring provisions of Motor Vehicle Act and terms of insurance policy?

(C) Whether driver of insured goods carriage was holding valid & effective driving licence as on date of accident and

C/FA/283/2021 ORDER

if not then whether appellant is statutorily and or contractually liable to pay compensation under the provisions of Employees Compensation Act?

(D) Whether claimant has received total disablement due to accidental injuries received by him in accident?"

Order in Civil Application:-

Rule returnable on 26.03.2021.

It is stated by the learned advocate for the applicant that the amount as determined by the learned Tribunal is deposited by the applicant - Insurance Company. Therefore, the operation, implementation and execution of the impugned judgment and award passed by the learned Workman Compensation Commissioner, Labour Court No.1, Junagadh dated 30.07.2020 in Workman Compensation Non-Fatal Case No.07 of 2017 is stayed.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI