New India Assurance Co. Ltd vs Legal Heirs Of Deceased Kirankumar ...
2025 Latest Caselaw 1271 Guj

Gujarat High Court

New India Assurance Co. Ltd vs Legal Heirs Of Deceased Kirankumar ... on 23 July, 2025

                                                                                                                  NEUTRAL CITATION




                            C/FA/479/2007                                      JUDGMENT DATED: 23/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                  R/FIRST APPEAL NO. 479 of 2007


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                      ================================================================

                                  Approved for Reporting                      Yes             No

                      ================================================================
                                       NEW INDIA ASSURANCE CO. LTD
                                                   Versus
                       LEGAL HEIRS OF DECEASED KIRANKUMAR KARSHANBHAI PARMAR &
                                                   ORS.
                      ================================================================
                      Appearance:
                      MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                      MR HG MAZMUDAR(1194) for the Appellant(s) No. 1
                      MR MEHUL S SHAH(772) for the Defendant(s) No. 1.1,1.2
                      RULE NOT RECD BACK for the Defendant(s) No. 1
                      RULE SERVED for the Defendant(s) No. 2
                      SERVED BY AFFIX. (R) for the Defendant(s) No. 1.1,1.2
                      ================================================================

                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                              PRACHCHHAK

                                                          Date : 23/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - New India Assurance Company Limited against the judgment and award dated 16.05.2005 passed by the learned Commissioner for Workmen's Compensation at Bhuj-Kutch in Workmen's Compensation Case (N.F.) No. 76 of 1996 (Old No. 50/1989), whereby, the learned Commissioner has awarded compensation of Rs.1,03,990/- with interest @ 12% p.a. from the date of accident till 31.12.2000 and @ 9% p.a. from 01.01.2001 till realization in favour of original claimants.

NEUTRAL CITATION

C/FA/479/2007 JUDGMENT DATED: 23/07/2025

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2. Heard Mr. H.G. Mazmudar, learned advocate for the appellant, and learned senior advocate Mr. Mehul S. Shah for the respondent No.1.1 and 1.2 - original claimants. Though served, no one appears for the respondent No.2 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.1,03,990/-. 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. The amount lying with the learned Commissioner for Workmen's Compensation at Bhuj-Kutch, if any, be disbursed in favour of the original claimants, after verifying their bank details and after following due procedure, through RTGS/NEFT on receipt of copy of order of this Court.

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

(HEMANT M. PRACHCHHAK,J)

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