Gujarat High Court
National Insurance Co Ltd vs Ganshyambhai Mohanlal Joshi on 18 September, 2025
NEUTRAL CITATION
C/FA/2765/2010 JUDGMENT DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2765 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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NATIONAL INSURANCE CO LTD
Versus
GANSHYAMBHAI MOHANLAL JOSHI & ANR.
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR PINAKIN M RAVAL(2495) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/09/2025
ORAL JUDGMENT
1. Present appeal under Section 30 of the Workmen Compensation
Act is filed by the appellant - Insurance Company against the
impugned judgment and order dated 16.02.2010 passed by the
learned Commissioner for Workmen's Compensation, Labour Court,
Kalol (N.G.) in Workmen's Compensation Case No. 17 of 2005
whereby the learned Commissioner allowed the claim application and
awarded the compensation along with the interest.
2. The appellant - Insurance Company has admitted that the
NEUTRAL CITATION
C/FA/2765/2010 JUDGMENT DATED: 18/09/2025
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policy for which the claim application was filed before the learned
Commissioner was not under the Workmen's Compensation but the
same was group personal accident policy and, therefore, there is
different procedure, for which, first the claimant has to approach the
Insurance Company and fill up the claim form and the same to be
submitted before the Insurance Company and, thereafter, the
Insurance Company shall consider the claim of the claimant. Though
specific averments made in the written statement and the learned
Commissioner has observed in issue Nos.5 and 6 to the said fact, but
without considering the said fact, the learned Commissioner has
directed the Insurance Company to pay the compensation and,
therefore, the present appeal is filed.
3. Learned counsel for the appellant has submitted that let the
claimant may approach the Insurance Company by way of filing claim
form which is prescribed by the Insurance Company along with the
relevant documents and, thereafter, the Insurance Company shall
decide the claim of the claimant according to the policy.
4. In view of the above and under such circumstances, the
respondent - claimant shall approach the Insurance Company by filing
application / form along with the relevant documents within a period
of ten days from the date of receipt of the copy of this order. On
receipt of such application / form, the Insurance Company shall decide
the same in accordance with law within a period of eight weeks from
the date of receipt of the claim application.
5. In view of the aforesaid observation and direction, the appeal
stands disposed of accordingly. The amount deposited by the
Insurance Company shall be refunded to the Insurance Company
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C/FA/2765/2010 JUDGMENT DATED: 18/09/2025
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along with the interest accrued thereon. In case of any difficulty,
aggrieved party shall approach this Court for revival of the order.
Registry is directed to transmit back the record and proceedings to
the concerned Court forthwith. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
