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FA/3507/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3507 of 2007
=========================================================
JAMNAGAR
MUNICIPAL CORPORATION - Appellant(s)
Versus
BHAGWANBHAI
BACHHUBHAI CHUDASAMA - Defendant(s)
=========================================================
Appearance
:
MR
JR NANAVATI for
Appellant(s) : 1,
None for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.MEHTA
Date
: 31/08/2007
ORAL
ORDER
1. Jamnagar
Municipal Corporation, appellant-original respondent, has filed this
appeal against the judgment and award dated 12.2.2007 passed by the
Labour Commissioner, Jamnagar District in Workmen’s’ Compensation
Case No.40 of 2002. By the impugned judgment, the learned Judge has
awarded compensation of Rs.2,14,188/- + 20% penalty of Rs.42,838/-
and interest from the date of the application i.e. 17.10.2002 of 7%
and cost of Rs.2,000/-.
2. Heard
Mr.J.R.Nanavati, learned Counsel with Ms.Trusha Mehta, learned
advocate for the appellant. The learned counsel has submitted that
it is no doubt true that the respondent was working with the
Corporation, however, though the accident has taken place and he has
alleged that there is a permanent disability on right leg and
therefore he has claimed for damages. However, according to them,
there is no disability and in fact he has not produced the disability
certificate and today he is also working as it is.
3. In
view of the same, the appeal is ADMITTED.
(
K.M. Mehta, J. )
syed/
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