Gujarat High Court
Icici Lombard Gen Ins. Co. Ltd vs Sardarbhai Galabhai Patel on 3 November, 2025
NEUTRAL CITATION
C/SCA/8684/2025 JUDGMENT DATED: 03/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8684 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
✔
==========================================================
ICICI LOMBARD GEN INS. CO. LTD.
Versus
SARDARBHAI GALABHAI PATEL & ORS.
==========================================================
Appearance:
MR CHIRAYU A MEHTA(3256) for the Petitioner(s) No. 1
K K MAGHNANI(7543) for the Respondent(s) No. 1
MR K B MAGHNANI(9673) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 03/11/2025
ORAL JUDGMENT
1. This petition is filed under Articles 226 and 227 of the
Constitution of India, challenging the order passed by the
learned Commissioner for the Workmen Compensation, Godhra,
in Workmen Compensation (Fetal) Application No. 06 of 2020 on
19.01.2025, whereby the learned Commissioner has rejected the
application filed below Exh.42, seeking the issuance of a witness
summons to Prakashbhai Chuniyabhai, who was a Police
Constable serving at Sherha Police Station.
NEUTRAL CITATION
C/SCA/8684/2025 JUDGMENT DATED: 03/11/2025
undefined
2. It is the case of the present petitioner who is the Insurance
Company before this Court that one person, namely,
Sanjaykumar Sardarbhai Patel, died in an accident that occurred
on 11.07.2020. He was driving the Tractor bearing Registration
No.GJ-17-AE-2627. A complaint came to be filed under the
Workmen's Compensation Act, alleging that as he lost control
and jumped from the Tractor, he received fatal injuries and,
therefore, the Insurance Company is liable to pay the claim to the
tune of Rs.17,60,275/-. The petitioner - company appeared and
filed a written statement controverting the facts stated in the
claim petition and submitted that as the deceased fell down from
his house and sustained serious injuries resulted into the fatal, he
is not entitled to the claim which is sought before the learned
Commissioner.
2.1 To prove its defense, an application came to be filed below
Exh.40, seeking a witness summons to the Police Constable,
Sherha Police Station, Bakal No.652, who recorded the telephone
Vardhi with regard to the accidental death and mentioned that as
the deceased fell down from the terrace, he received serious
injuries and ultimately succumbed to the injuries. The said
NEUTRAL CITATION
C/SCA/8684/2025 JUDGMENT DATED: 03/11/2025
undefined
application came to be rejected by the learned Commissioner on
the ground that after the recording of the said Vardhi, the
investigation was carried out by A.S.I. Mahendrakumar
Dalsukhram, who ultimately opined that the death was not
caused due to falling down from the terrace, but was due to an
accident which was caused while driving the Tractor. The said
order is under challenge before this Court.
3. Heard learned advocate Mr. Chirayu A. Mehta for the
petitioner and learned advocate Mr. K. B. Maghnani for the
respondent No.1.
4. Learned advocate Mr. Mehta submitted that initially, the
telephone Vardhi was recorded by the Police Constable, namely
Prakashbhai Chuniyabhai, reporting that the deceased,
Sandeepkumar Sadarbhai, resident of Dhamai, Patel Faliyu, fell
down from the terrace and received injuries. Learned advocate
Mr. Mehta submits that though the Investigating Officer had
opined contrary to the said Vardhi, but to prove the defense, the
witness, namely Prakashbhai Chuniyabhai, is required to be
examined. Learned advocate Mr. Mehta submits that in any
manner, the examination of the witness could not cause any
NEUTRAL CITATION
C/SCA/8684/2025 JUDGMENT DATED: 03/11/2025
undefined
prejudice to the respondent, as he would have a full opportunity
to cross-examine the said witness. Learned advocate Mr. Mehta
submits that the examination of the said witness is required to
surface the truth on record. In view of the same, learned
advocate Mr. Mehta has prayed to set aside the impugned order
dated 19.01.2025 and to allow the present petition.
5. Per contra, learned advocate Mr. Maghnani submits that the
petition is filed challenging the order dated 19.01.2025, after a
period of 6 months and the petitioner wants to delay the
adjudication which is pending before the learned Commissioner.
However, learned advocate is not able to submit with regard to
any adverse effect if this witness is examined.
6. Having considered the arguments advanced by the learned
advocates for the respective parties, this Court is of the
considered opinion that as the Vardhi has been recorded by the
Police Constable, namely Prakashbhai Chuniyabhai of Sherha
Police Station, to bring the real facts on record, the examination
of the said witness is required to be made.
6.1 While rejecting the application, the learned Commissioner
has not examined the prime question: if the application is
NEUTRAL CITATION
C/SCA/8684/2025 JUDGMENT DATED: 03/11/2025
undefined
granted, is it likely to cause any prejudice to the other side and is
the examination of the witness necessary for arriving at a just
decision of the case? From this angle, the question has not been
examined at all. Even before this Court, the learned advocate for
the respondent is unable to answer the query of the Court as to
whether any prejudice is likely to be caused if the witness is
allowed to be examined at this stage. In the opinion of this Court,
even if this witness is examined, the respondent would have a full
opportunity to cross-examine and in no manner prejudice would
be caused to the other side.
7. In view of the above, the present petition is allowed. The
order passed by the learned Commissioner dated 19.01.2025
below Exh.42 is hereby set aside. The learned Commissioner is
directed to issue a witness summons to the Police Constable,
namely Prakashbhai Chuniyabhai and to examine him in
accordance with law.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
