Sbi General Insurance Co Ltd vs Lataben Kamlashankar Saxsena
2021 Latest Caselaw 9602 Guj

     C/FA/1785/2021                                        ORDER DATED: 27/07/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1785 of 2021
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                    In R/FIRST APPEAL NO. 1785 of 2021
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                       SBI GENERAL INSURANCE CO LTD
                                   Versus
                      LATABEN KAMLASHANKAR SAXSENA
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Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                              Date : 27/07/2021

                                  ORAL ORDER

Heard learned advocate Ms.Kirti Pathak for the appellant - insurance company.

2. The appeal is directed against judgment and award of the Workmen Compensation Commissioner in W.C. Fatal Case No.6 of 2014 dated 01 st February, 2020, whereby the compensation and penalty amount came to be awarded. It was stated that amount is deposited in compliance with the statutory requirements.

3. In the facts of the case, Appeal is admitted on the following substantial questions of law.

(i) Whether the appellant is contractually liable to indemnify respondent No.3?

(ii) Whether the appellant is liable to pay compensation when the driver was not holding valid and effective license at the time of accident?

C/FA/1785/2021 ORDER DATED: 27/07/2021

(iii)Whether the married sister can be considered as dependent as per Section 2 of the Workman Compensation Act?

Amount deposited by the appellant - insurance company shall be invested by the Commissioner in a fixed deposit with any nationalized bank initially for a period of one year and renewable, keeping the Receipt of the said fixed deposit with the Registrar of the Workman Compensation Court and it shall not be allowed to be utilised for any purpose without the orders of this Court.

ORDER IN CIVIL APPLICATION

Heard learned advocate Ms.Kirti Pathak for the applicant - insurance company.

2. Notice, returnable on 08th September, 2021.

3. There shall be stay of the impugned judgment and award delivered by Workmen Compensation Commissioner in W.C. Fatal Case No.6 of 2014 dated 01st February, 2020.

The claimants are not precluded from moving an application before this Court for disbursement of the part of the amount, to be considered on its own merits and in accordance with law.

(N.V.ANJARIA, J) ANUP