Oriental Insurance Co Ltd vs Chandubhai Jagabhai Koli,Heirsof ...
2025 Latest Caselaw 1508 Guj

Gujarat High Court

Oriental Insurance Co Ltd vs Chandubhai Jagabhai Koli,Heirsof ... on 30 July, 2025

                                                                                                                    NEUTRAL CITATION




                            C/FA/2294/2008                                        JUDGMENT DATED: 30/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 2294 of 2008

                                                        With
                                CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2024
                                         In R/FIRST APPEAL NO. 2294 of 2008

                      FOR APPROVAL AND SIGNATURE:


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

                                   Approved for Reporting                      Yes              No

                      ================================================================
                                      ORIENTAL INSURANCE CO LTD
                                                 Versus
                       CHANDUBHAI JAGABHAI KOLI,HEIRSOF DECD.MANSANGBHAI J KOLI &
                                                  ANR.
                      ================================================================
                      Appearance:
                      MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
                      MR. RUSHANG D MEHTA(6989) for the Appellant(s) No. 1
                      RULE NOT RECD BACK for the Defendant(s) No. 1,2
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 30/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - Oriental Insurance Co. Ltd. against the judgment and award dated 30.11.1999 passed by the learned Commissioner for Workmen's Compensation, Bhavnagar in Workmen's Compensation Case (F) No. 38 of 1997, whereby the learned Commissioner has awarded compensation of Rs.2,07,980/- with interest @ 12% p.a. in favour of original claimants and also directed the appellant to pay penalty @ 50% on the compensation amount.

NEUTRAL CITATION

C/FA/2294/2008 JUDGMENT DATED: 30/07/2025

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2. Heard Mr. Dakshesh Mehta, learned advocate for the appellant 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.2,07,980/-. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 30 of the Workmen's Compensation Act. Accordingly, without entering into the merits of the matter 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. Record and proceedings, if any, be sent back to the concerned Court forthwith.

4. The amount lying with the learned Commissioner for Workmen's Compensation at Bhavnagar, 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. In view of the disposal of the main First Appeal, the pending civil application/s also stands disposed of.

(HEMANT M. PRACHCHHAK,J)

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