Lakhabhai Najabhai Manjariya Since ... vs Rameshbhai Harjibhai Vadaliya
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Gujarat High Court

Lakhabhai Najabhai Manjariya Since ... vs Rameshbhai Harjibhai Vadaliya on 25 June, 2025

                                                                                                              NEUTRAL CITATION




                               C/FA/675/2009                                  ORDER DATED: 25/06/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 675 of 2009

                       =======================================
                        LAKHABHAI NAJABHAI MANJARIYA SINCE DECEASED THROUGHY
                                         HIS LEGAL HEIRS & ORS.
                                                  Versus
                                 RAMESHBHAI HARJIBHAI VADALIYA & ANR.
                       =======================================
                       Appearance:
                       MR MB PARIKH(576) for the Appellant(s) No. 1
                       KRUPALI N BHATT(9455) for the Defendant(s) No. 2
                       RULE SERVED for the Defendant(s) No. 1
                       =======================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                         Date : 25/06/2025

                                                           ORAL ORDER

Present first appeal is filed by the appellant - original claimant under Section 30 of the Workmen Compensation Act challenging the impugned judgment and award dated 26.07.2007 passed by the Ex-Officio, Commissioner of Workmen Compensation, Labour Court, Amreli in Misc. Application (W.C.) No. 235 of 2004, hereby the learned Commissioner has rejected the application on the ground that on the ground that the appellant - claimant has already received compensation under the Motor Vehicles Act and considering the fact that the appellant has an option to move an application under the Workmen Compensation Act.

NEUTRAL CITATION

C/FA/675/2009 ORDER DATED: 25/06/2025

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Considering the aforesaid facts, this Court is of the opinion that the appeal being meritless deserves to the dismissed. The appeal is dismissed. There shall be no order as to costs. Registry is directed to sent back the record and proceedings to the concerned Court forthwith.

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

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL