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FA/2778/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2778 of 2008
With
CIVIL
APPLICATION No. 7223 of 2008
======================================
PASCHIM
GUJARAT VIJ COMPANY LTD THROUGH EXECUTIVE ENGINEER
Versus
ADAMBHAI
HUSSAINBHAI MOBHI AND ANOTHER
======================================
Appearance
:
MR DIPAK R DAVE for
Appellant.
None for Respondent No.1.
MR HASHIM QURESHI for
Respondent No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/07/2008
ORAL
ORDER
1. By
way of this appeal, Paschim Gujarat Vij Company Limited has
challenged order of Workmen Compensation Commissioner dated
10-10-2007, whereby Workmen Compensation Commissioner partly allowed
the application filed by the employee and directed the present
appellant as well as opponent no.2 to pay jointly and individually
Rs.3,26,737/- with 9% interest and 25% penalty i.e. Rs.81,684/-.
2. The
facts in brief, as emerging from record, are as under:
3. Respondent
no.1 herein had an application being Workman Compensation (Non-Fatal)
Application No.56 of 2002 claiming that he has sustained injuries
while working on transformer pole on 9-7-2002 at about 5:00 p.m. and
he got disability to the extent of 100%. Therefore, he claimed
Rs.4,99,152/- with 18% interest and 50% penalty from his employer.
After hearing all the parties and taking into consideration evidence
on record, Workmen Compensation Commissioner has passed the order
which is impugned in this appeal.
4. Heard
Mr.Dipak Dave, learned advocate appearing for the appellant. Nobody
appears on behalf of the concerned employee. Mr.Dave submitted that
Workmen Compensation Commissioner failed to appreciate that the
responsibility of payment of compensation is of immediate employer
and, therefore, present appellant should not have been held jointly
liable with the employer.
5. I
have considered the submissions made on behalf of the appellant and
also gone through the impugned judgment and other relevant documents.
After considering the evidence on record, it is found that the
appellant as well as opponent no.2 are liable to pay the amount of
compensation to the employee. I am in complete agreement with the
reasonings given and finding arrived at by the Workmen Compensation
Commissioner while passing impugned order and the view taken by him
is just and proper. No other evidence is shown to me to take a
contrary view. Moreover, no substantial question law has arisen in
this appeal. Therefore, I do not find any reason to interfere with
the impugned judgment.
6. For
the reasons stated herein above, the appeal deserves to be dismissed
and the same is dismissed with no order as to costs.
7. In
view of above order in main appeal, Civil Application does not
survive and the same is also disposed of.
(K.S.Jhaveri,
J.)
/malek
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