Sachi Constructioncompany vs Ramesh Rasubhai Damor
2021 Latest Caselaw 6035 Guj

       C/FA/1384/2021                                  ORDER DATED: 15/06/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 1384 of 2021

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                          SACHI CONSTRUCTIONCOMPANY
                                     Versus
                        RAMESH RASUBHAI DAMOR & 4 other(s)
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Appearance:
MR KUNAL P VAISHNAV(5111) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 15/06/2021

                                   ORAL ORDER

Draft amendment is allowed. The same may be carried out forthwith.

2. Heard learned advocate Mr. Amar Bhatt with learned advocate Mr. Kunal Vaishnav for the appellant.

3. It was stated that the appellant has deposited the amount awarded by the learned Labour Commissioner being the statutory requirement.

4. The Appeal is admitted on the following substantial questions of law.

(i) What is the extent of liability of respondent No.3- Insurance Company in case of death of a workman during the period covered under the Insurance ?

(ii) Whether the respondent Nos. 1 and 2 - the original claimants can be said to be "dependents" of the deceased

C/FA/1384/2021 ORDER DATED: 15/06/2021

workman when they themselves were also earning ?

(iii) Whether the Labour Commissioner was justified in awarding penalty of 25% of the compensation of on the appellant when the Labour Commissioner found the appellant not responsible for causing the delay in hearing before the Labour Commissioner ?

(iv) Whether the order of award for interest from the date of accident is contrary to the S.4(A) (3) of Workmen Compensation Act, 1923 and the judgments of Hon'ble Supreme Court reported in (2007) 2 SCC 349 and (2009) 1 SCC 487?

(v) In absence of a clause excluding the liability to pay interest in the Insurance Policy was the learned Commissioner justified in not imposing liability for interest awarded on the respondent No.3 Insurance Company?

5. It will be open for the appellant to provide paper book containing relevant pleadings.

6. The appeal shall be listed for final hearing on 2.9.2021.

7. In the meantime, the Registry may also call for the record and proceedings.

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