Gujarat High Court
New India Assurance Company Ltd vs Indal Gyani Yadav on 7 August, 2025
NEUTRAL CITATION
C/FA/65/2019 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 65 of 2019
With
CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2018
In R/FIRST APPEAL NO. 65 of 2019
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NEW INDIA ASSURANCE COMPANY LTD.
Versus
INDAL GYANI YADAV & ANR.
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Appearance:
MR KV GADHIA(319) for the Appellant(s) No. 1
JEET Y RAJYAGURU(8039) for the Defendant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 07/08/2025
ORAL ORDER
1. Present appeal is filed by the appellant-New India
Assurance Company challenging the impugned judgment
and award dated 6.9.2017 passed by the learned
Workmen Compensation Commissioner, Rajkot in
Workmen Compensation (Non Fatal) Application No. 15
of 2019, whereby the learned Commissioner has allowed
the application filed by the original claimants and
awarded compensation of Rs.1,46,772/- with 12% interest
and penalty.
2. Heard learned counsel appearing for the respective
parties.
NEUTRAL CITATION
C/FA/65/2019 ORDER DATED: 07/08/2025
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3. Mr. Gadhia, learned counsel for the appellant has
relied upon the decision of the Hon'ble Supreme Court in
the case of New India Assurance Co. Ltd. vs.
Harshadbhai Amrutbhai Modhiya reported in 2006 5
SCC 192, and submitted that the Insurance Company is
not liable to pay interest and penalty. He has also
submitted that present appeal involves substantial
question of law and therefore, present appeal may be
heard on merits.
4. Though various grounds have been raised in the
memo of appeal, the fact remains that the total amount
involved in the appeal is very paltry amount. Considering
the same, this Court is of the opinion that the appeal is
not required to be entertained. Accordingly, only on the
ground of smallness of amount and with a further
clarification that this may not be considered as precedent
in other claim petitions arising out of the same accident,
the appeal is dismissed. However, there shall be no order
as to costs. Registry is directed to send the original
records and proceedings to the concerned learned
Commissioner forthwith.
5. In view of the decision of the Hon'ble Apex Court in
case of Harshadbhai Amrutbhai (supra) if the
appellant-insurance company has deposited the interest
amount before the learned Commissioner, the same may
NEUTRAL CITATION
C/FA/65/2019 ORDER DATED: 07/08/2025
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be refunded to the insurance company upon due
verification and in accordance with the prescribed
procedure within period of eight weeks from the date of
receipt of copy of present order.
6. It is further clarified that, if the claimant has already
withdrawn a part of the principal amount, the remaining
amount shall be disbursed in favour of the claimant(s)
after due verification, within a period of eight weeks from
the date of receipt of a copy of this order. It is also made
clear that this Court has not entered into the merits of the
case.
7. It shall be open for the original claimant(s) to seek
amount of interest and penalty from respondent No.2- the
original employer, by initiating appropriate proceedings
in accordance with law.
8. Pending civil application/s, if any, shall stand
disposed of accordingly. Interim relief, if any, granted
earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
