Gujarat High Court
Vijaykumar Chandrabhushan Singh vs Rakesh B Thakur on 21 November, 2025
NEUTRAL CITATION
C/FA/4155/2025 JUDGMENT DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4155 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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VIJAYKUMAR CHANDRABHUSHAN SINGH
Versus
RAKESH B THAKUR & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
MR KV GADHIA(319) for the Defendant(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 21/11/2025
ORAL JUDGMENT
1. This appeal is filed under Section 30 of the Workmen's
Compensation Act, challenging the judgment dated
15.02.2019 passed by the learned Workmen's
Compensation Commissioner, Kachchh, Gandhidham, in
Workmen's Compensation (Non-Fatal) Case No. 34 of
2013, whereby the learned Commissioner partly allowed
the application and awarded compensation of Rs.
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C/FA/4155/2025 JUDGMENT DATED: 21/11/2025
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1,65,984/- with interest at the rate of 12%, along with
50% penalty against respondent No. 1. However, the
learned Commissioner has not adjudicated upon the
claimant's request for reimbursement of medical
expenses incurred by him.
2. At the outset, the learned advocate, Mr. Modi, confines
his prayer to the limited issue of non-grant of medical
expenses amounting to Rs. 1,20,000/-, despite the
supporting bills having been produced on record.
3. Heard learned advocate Mr. Hiren Modi for the
Appellant and learned advocate Mr.K.V.Gadhia for the
Defendant.
4. The learned advocate Mr. Modi, submits that Section
4(2)(A) of the Employees' Compensation Act, inserted by
the Legislature to ensure the award of medical expenses
has been overlooked by the learned Commissioner while
determining compensation. It is submitted that the
medical expenses claimed were neither rejected nor
allowed, and without any discussion on this aspect, the
claim was partly allowed. The learned advocate Mr.
Modi further submits that, after the judgment was
delivered, a review application was filed before the
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Authority, which came to be rejected on the ground that
no typographical error existed, rendering the review
non-maintainable. It is therefore contended that, since
the learned Commissioner failed to consider the claim
for medical expenses, the same is required to be
awarded. Therefore, the impugned judgment deserves to
be set aside, and the appeal is required to be allowed to
the aforesaid extent.
5. Per contra, the learned advocate Mr.Gadhia, is unable to
point out any observations or reasoning in the order of
the learned Commissioner pertaining to the claim for
medical expenses.
6. Having considered the arguments advanced by the
learned advocates for the respective parties, it emerges
that, while rendering the judgment and partly allowing
the claimant's application, the learned Commissioner did
not undertake any discussion regarding the medical
expenses incurred. In support of the said expenses, the
claimant had produced the medical bills at Exh. 16 and
the disability certificate at Exh. 16/48. Although the
learned Commissioner, while appreciating the evidence,
referred to the prescriptions and the bills, the claim
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pertaining to entitlement to medical expenses was
thereafter not adjudicated upon.
7. In that background, in the considered opinion of this
Court, the matter is required to be remanded to the
learned Workmen's Compensation Commissioner for
adjudication of the claim pertaining to medical expenses.
Accordingly, the First Appeal is partly allowed, and the
claim is restored to its original file.
8. The learned Commissioner shall adjudicate the claim for
medical expenses to the extent of Rs. 1,20,000/-, as
claimed before this Court in paragraph 'D' of the memo
of appeal, after considering the evidence placed on
record. The said exercise shall be completed within a
period of twelve weeks from the date of receipt of a copy
of this judgment.
9. Resultantly this appeal is partly allowed.
(M. K. THAKKER,J)
NIVYA A. NAIR
