United India Insurance Company Limited vs Subhadra Wd/O Dharmendra Laxmandas ...
2025 Latest Caselaw 4882 Guj

Gujarat High Court

United India Insurance Company Limited vs Subhadra Wd/O Dharmendra Laxmandas ... on 18 June, 2025

                                                                                                               NEUTRAL CITATION




                            C/FA/483/2013                                    JUDGMENT DATED: 18/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 483 of 2013


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
                      ==========================================================

                                   Approved for Reporting                    Yes           No

                      ==========================================================
                                  UNITED INDIA INSURANCE COMPANY LIMITED
                                                    Versus
                             SUBHADRA WD/O DHARMENDRA LAXMANDAS BAROT & ORS.
                      ==========================================================
                      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. 1,2,3
                      MR SAURABH M PATEL(5019) for the Defendant(s) No. 1,2,3
                      RULE UNSERVED for the Defendant(s) No. 4
                      ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                                         Date : 18/06/2025

                                                         ORAL JUDGMENT

1. Present appeal is filed by the appellant against the

judgment and award dated 15.03.2012 passed by the

learned Workmen's Compensation Commissioner

Banaskantha @ Palanpur in Workmen's Compensation

Application No.7 of 2006, whereby learned Commissioner

partly allowed the application and awarded compensation

NEUTRAL CITATION

C/FA/483/2013 JUDGMENT DATED: 18/06/2025

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of Rs.1,81,370/- with 9% interest and 50% penalty.

2. Being aggrieved and dissatisfied with the impugned

judgment and award passed by learned Commissioner the

appellant has preferred present appeal.

3. Mr. Mazmudar, learned counsel for the appellant

has submitted that learned Commissioner has not

properly considered the averments made in the written

statement. He has also submitted that learned

Commissioner has not properly appreciated the evidence

led before him.

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 small. Considering the

smallness of amount, this Court is of the opinion that the

appeal is not required to be entertained.

5. Accordingly, only on the ground of smallness of

amount with a further clarification that this may not be

considered as precedent in other claim petitions arising

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C/FA/483/2013 JUDGMENT DATED: 18/06/2025

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out of the same accident, the appeal is dismissed.

6. However, there shall be no order as to costs.

Registry is directed to send the original record and

proceedings back to the Tribunal forthwith. Pending civil

application/s, if any, shall stand disposed of accordingly.

Interim relief, if any, granted earlier stands vacated

forthwith.

7. The amount lying with learned Commissioner, Palanpur

is ordered to be disbursed in favour of the original

claimants, after verifying their bank details and after

following due process through R.T.G.S./N.E.F.T.

Sd/-

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI