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FA/1216/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1216 of 2011
With
CIVIL
APPLICATION No. 4715 of 2011
In
FIRST
APPEAL No. 1216 of 2011
=========================================================
BHAVNAGAR
MUNICIPAL CORPORATION - Appellant(s)
Versus
RAMESHBHAI
BHIMABHAI DHUMADIYA - Defendant(s)
=========================================================
Appearance :
MR
HS MUNSHAW for
Appellant(s) : 1,
None for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/04/2011
ORAL
ORDER
ADMIT.
[K.
S. JHAVERI, J.]
ORDER
IN CIVIL APPLICATION
1. It is stated by learned
counsel Mr. H.S. Munshaw that the applicant-Corporation has deposited
the entire awarded amount before the trial Court.
2. It appears from the
record that the respondent-workman lost vision of his eyes as a
result of the accident that took place during the course of
employment. Such disability would cause great hardship to the
respondent for the rest of his life. Considering the facts of the
case and the object of the Workmen’s Compensation Act, 1923, it would
be just and appropriate to permit the respondent to withdraw the
amount of compensation less the amount of penalty at this stage to
meet with the exigencies of the present day life.
3. In view of the above,
interim relief in terms of Para-3(b) of the application. Out of the
total amount deposited by the applicant, the respondent shall be
permitted to withdraw the amount of compensation being Rs.4,54,944/-
[Rupees Four lacs fifty four thousand nine hundred forty four only]
including interest as awarded by the learned authority. The amount of
penalty, being 25% of the amount of compensation, shall be invested
in Fixed Deposit with any nationalized bank on long term basis and
the same shall be renewed from time to time, without any further
orders in that regard from this Court. Interest on such deposit shall
be allowed to be accumulated. The aforesaid withdrawal shall be
subject to the final outcome in the appeal.
4. The application stands
disposed of accordingly.
[K.
S. JHAVERI, J.]
Pravin/*
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