The United India Insurance ... vs Maganbhai Sukhabhai Sabad
2021 Latest Caselaw 261 Guj

          C/FA/28/2021                                      ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/FIRST APPEAL NO. 28 of 2021
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 28 of 2021
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            THE UNITED INDIA INSURANCE COMPANY LTD
                               Versus
                  MAGANBHAI SUKHABHAI SABAD
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
JEET Y RAJYAGURU(8039) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                           Date : 08/01/2021
                            ORAL ORDER

ORDER IN FIRST APPEAL Heard learned advocate Shri Maulik Shelat for the appellant and Shri Jeet Rajyaguru, learned advocate for the defendant No.1.

First appeal is admitted considering the following substantial questions of law:

"(A) Whether ld. Commissioner has committed a jurisdictional error by holding appellant­insurer liable to pay compensation without deciding scope & cover given under the insurance policy issued by it?

(B) Whether ld. Commissioner has committed a jurisdictional error by holding appellant liable to pay compensation in absence of injury not arising out of use of motor vehicle?"

Shri Jeet Rajyaguru, learned advocate waives service of notice of admission for defendant No.1.

To be heard with First Appeal No.2134 of 2020.

C/FA/28/2021 ORDER

ORDER IN CIVIL APPLICATION Rule returnable on 09.03.2021. Shri Jeet Rajyaguru, learned advocate waives service of notice of rule for opponent No.1

Learned advocate Shri Maulik Shelat for the appellant has produced on record the receipt of the principal amount.

The operation, implementation and execution of the impugned judgment and award passed by the learned W.C. Commissioner, Labour Court No.2, Rajkot, dated 02.03.2020 in W.C. (N.F.) No.23 of 2016 is stayed qua the present applicant on condition that applicant Insurance Company shall deposit the amount of liability of the applicant as determined by the Tribunal.

(VAIBHAVI D. NANAVATI,J) ALI