The United India Insurance ... vs Hansaben Jaisingbhai Rathod
2021 Latest Caselaw 3857 Guj

           C/FA/998/2021                                    ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 998 of 2021
                                  With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                    In R/FIRST APPEAL NO. 998 of 2021
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             THE UNITED INDIA INSURANCE COMPANY LTD
                                Versus
                  HANSABEN JAISINGBHAI RATHOD
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4,5,6
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 05/03/2021
                             ORAL ORDER

ORDER IN R/FIRST APPEAL NO. 998 of 2021 :

1. Heard learned Advocate Mr. Maulik Shelat for the appellant.

2. The following substantial questions of law have been raised in this Appeal :

(i) Whether ld. Commissioner has committed a jurisdictional error by assuming that heart attack received by deceased-workman was an accident due to stress & strain of employment?

(ii) Whether ld. Commissioner has exceeded its jurisdiction by assuming income of deceased @ Rs. 7,283/- p.m. against claim of Rs.5,624/-?

(iii) Whether ld. Commissioner has exceeded its jurisdiction by awarding more amount than prayed by claimants?

3. Considering the same, the Appeal is ADMITTED.

4. Issue Notice of admission returnable on 22.04.2021.

C/FA/998/2021 ORDER

ORDER IN CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/FIRST APPEAL NO. 998 of 2021 :

1. Heard learned Advocate Mr. Maulik Shelat for the applicant.

2. By way of this application the applicant seeking stay of the judgment and award dated 30.01.2020 passed by the learned Commissioner for Workmen Compensation and Judge, Labour Court No.1, Junagadh in W.C. Fatal Case No. 3 of 2019.

3. Considering the submissions made by learned Advocate Mr. Shelat, issue Notice returnable on 22.04.2021.

4. Learned Advocate Mr. Shelat further informs that as per the requirement of Section 30 of the Workmen's Compensation Act, the entire awarded amount of compensation has already been deposited with the office of the learned Commissioner for Workmen Compensation.

5. In that view of the matter, the judgment and award dated 30.01.2020 passed by the learned Commissioner for Workmen Compensation and Judge, Labour Court No.1, Junagadh in W.C. Fatal Case No. 3 of 2019 is hereby stayed qua the applicant herein. Further orders with regard to the disbursement would be passed after hearing the respondent Nos. 1 to 4.

(NIKHIL S. KARIEL,J) BDSONGARA