United India Insurance Company Limited vs Geetaben Hakabhai Matiya
2025 Latest Caselaw 1235 Guj

Gujarat High Court

United India Insurance Company Limited vs Geetaben Hakabhai Matiya on 22 July, 2025

                                                                                                                    NEUTRAL CITATION




                            C/FA/1004/2016                                        JUDGMENT DATED: 22/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1004 of 2016


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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                                   Approved for Reporting                        Yes            No

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                                       UNITED INDIA INSURANCE COMPANY LIMITED.
                                                         Versus
                                           GEETABEN HAKABHAI MATIYA & ORS.
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                      Appearance:
                      MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                      MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
                      HCLS COMMITTEE(4998) for the Defendant(s) No. 1
                      MR. JAINISH P SHAH(7033) for the Defendant(s) No. 1
                      RULE SERVED for the Defendant(s) No. 2,3
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 22/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - United India Insurance Co. Ltd. against the judgment and award dated 17.03.2016 passed by the learned Commissioner for Workmen's Compensation, Rajkot in Workmen's Compensation (Fatal) Case No. 53 of 2006, whereby the learned Commissioner has awarded compensation of Rs.3,00,000/-, with interest @ 9% p.a. in favour of original claimants.

NEUTRAL CITATION

C/FA/1004/2016 JUDGMENT DATED: 22/07/2025

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2. Heard Mr. H.G. Mazmudar, learned advocate for the appellant and learned advocate Mr. Jainish P. Shah for the respondents - original claimants. Though served, no one appears for the respondent No.3 - original opponent No.1 and I have also perused the original record and proceedings.

3. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is only Rs.3,00,000/-. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 30 of the Workmen's Compensation Act. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the appeal is dismissed. However, there shall be no order as to costs.

4. Record and proceedings, if any, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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