Tata Aig General Insurance Co Ltd vs Panchal Yogeshbhai Bhikhabhai
2021 Latest Caselaw 7093 Guj

       C/FA/1680/2021                               ORDER DATED: 28/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1680 of 2021

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 1680 of 2021
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                    TATA AIG GENERAL INSURANCE CO LTD
                                  Versus
                     PANCHAL YOGESHBHAI BHIKHABHAI
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Appearance:
MR RATHIN P RAVAL(5013) 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 : 28/06/2021

                                 ORAL ORDER

Heard learned advocate Mr. Rathin Raval for the appellant.

2. The present Second Appeal is directed against judgment and award dated 28.1.2021 passed by the Commissioner, Employees Compensation Act, Labour Court, Kalol, in Work Compensation (Non-Fatal) case No. 8 of 2015. The respondent herein is awarded Rs. 9,22,272/- with interest at the rate of 12% from 30.8.2013 till realisation. The amount of Rs. 6,94,530/- is awarded towards medical treatment charges plus penalty of Rs. 4,61,136. Costs of Rs. 1500/- is also directed to be paid.

3. Learned advocate for the appellant submitted in compliance of statutory requirement amount awarded has been deposited.

4. Having considered the facts and the impugned judgment and award, present appeal deserves to be admitted. The same is hereby admitted.

C/FA/1680/2021 ORDER DATED: 28/06/2021

5. The following substantial questions of law are framed,

(i) Whether the Court of Commissioner, Employees Compensation Act, was justified in law in directing payment of medical expenses when the insurance policy did not cover such claim for the claimant ?

(ii) Whether in directing the payment of interest by the insurance company with amount of compensation awarded, the Commissioner failed to follow the law laid down by the Apex Court in New India Assurance Company Limited vs. Harshadbhai Amrutbhai Modhiya [(2006) 5 SCC 192] ?

(iii) Whether in absence of author of the disability certificate having been examined, the certificate could be said to have been proved ?

Order in Civil Application

Heard learned advocate for the applicant.

Rule, returnable on 17.8.2021.

In the facts of the case, there shall be stay of operation, implementation and execution of judgment and award impugned.

There shall be no disbursement without permission of the court.

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