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CA/13065/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 13065 of 2009
In
FIRST
APPEAL No. 5502 of 1999
=========================================================
GULABBA
WD/O GAJUBHAI - Petitioner(s)
Versus
EXECUTIVE
ENGINEER & 4 - Respondent(s)
=========================================================
Appearance
:
MR
RC KAKKAD for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
MR HS MUNSHAW for
Respondent(s) : 1,
None for Respondent(s) : 2 - 4, 4.2.1,
4.2.2,4.2.3 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 03/02/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
This
application is preferred by legal heirs and representatives of
Gajubha Banesingh Vaja with a prayer to disburse or release some
amount in favour of claimants.
Initially,
First Appeal is preferred by Executive Engineer, Public Health Works
Division, Gujarat Water Supply and Sewerage Board, Junagadh,
challenging the judgment and order passed by Workmen’s Compensation
Commissioner, Junagadh in Workmen’s Compensation (Fatal) Case No.241
of 1992. The Commissioner has passed an award after allowing claim
petition filed by claimant and directed to Original Respondent Nos.4
and 5 to pay Rs.71,136/- with 6% interest to original claimants and
also directed to pay 50% penalty amount to respondents claimants.
This
appeal is admitted by this Court and interim relief is granted by
this Court. The judgment and order is passed by Workmen’s
Compensation Commissioner, Junagadh dated 4th May 1999.
Before Commissioner, Junagadh, appellant has deposited Rs.1,55,254/-
on 16th August 1999. Therefore, it is not clarified that
whether this amount includes amount of penalty as ordered by
Commissioner or not ?
Learned
advocate Mr. Kakkad submitted that from date of judgment and order
passed by Commissioner, these applicants have not received any amount
either from Commissioner or in pursuance to order passed by this
Court which has been made it clear in application preferred by
claimant before Commissioner at Page 11 Ex.105 application dated 25th
April 2008.
In
light of these facts, it is directed to Workmen’s Compensation
Commissioner concerned to pay Rs.80,000/- from the amount which are
lying with Commissioner concerned by account payee cheque in name of
Gulabba widow of Gajubha Banesingh Vaja, after proper verification.
Rest of amount with accruing interest, if any, is to be invested in
any Nationalised Bank initially for a period of three years in name
of applicants claimants, but, FDR is to be remained with Commissioner
concerned which requires periodical renewal till first appeal is
finally decided by this Court. The present applicants original
claimants are entitled periodical interest upon said FDR till first
appeal is finally decided by this Court.
Accordingly,
present application is disposed of.
[H.K.
RATHOD, J.]
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