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FA/501/1990 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 501 of 1990
With
CROSS
OBJECTION No. 137 of 2006
In
FIRST APPEAL No. 501 of 1990
=========================================================
RAIBA
SHANABHAI & 4 - Appellant(s)
Versus
TK
PATEL & CO & 2 - Defendant(s)
=========================================================
Appearance
:
UNSERVED-EXPIRED
(N) for Appellant(s)
: 1, 4,MR NIRAV C THAKKAR for Appellant(s) : 2 - 3, 5,
MS AP
KANSARA for Defendant(s) : 1 - 2.
MR RAJNI H MEHTA for
Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/08/2008
ORAL
ORDER
By
way of this appeal, the appellants-original claimants have
challenged the judgment and award dated 26/8/1987 passed by the
Civil Judge (SD) and Ex-Officio Commissioner for Workmen’s
Compensation, Himmatnagar.
Brief
facts of the case are that the applicant nos.1 and 2 are mother and
wife of deceased Manabhai Shanabhai Patel respectively and applicant
nos.3 to 5 are legal heirs of deceased Manabhai Shanabhai Patel. On
21/1/1985 Manabhai Shanabhai was working as per instruction of
opponent no.1 and 2 and at about 4:30 p.m. he was erecting one pole
and at that time Manabhai Shanabhai had received electric shock due
to coming into contact of one electric wire and as a result of which
he has died. Death has occurred during the course of employment and
therefore, employer is liable to pay compensation.
Heard
the learned advocates for the respective parties.
On
the point of quantum of compensation, the Workmen Compensation
Authority has arrived at proper conclusion. The learned counsel for
the appellant was not in a position to dispute the same.
Other
side has filed Cross Objection since insurance company was not held
liable for penalty in view of the decision of Hon’ble Supreme Court
of India in the case of New India Assurance Co. Ltd. vs.
Harshadbhai Amrutbhai Modhiya and another, reported in 2006 ACJ
1699. Therefore, it is contended that for penalty and interest,
it is duty and liability of employer to pay said amount.
As
regards first contention regarding penalty, in my view, discussion
made by the Workmen Compensation Authority is just and proper.
Nothing is pointed out to exercise the discretionary powers by this
Court. However, regarding interest, the contention raised by the
appellant is just and proper. They are entitled to get interest
from the date of application till the amount is paid. Cross
Objection of the insurance company is required to be accepted in
view of the decision of the Hon’ble Apex Court in case of New India
Assurance Co. Ltd. (supra).
In
view of the above, it is held that the appellant is entitled to
interest at the rate of 6% from the date of application till
realisation from employer. The Cross Objection of the insurance
company is allowed. If the amount of interest which was deposited
by the insurance company will be refunded to the Insurance Company
and if the same is withdrawn by the claimant, it will be open for
insurance company to recover from employer insured.
First
Appeal stands disposed of accordingly. No order as to costs.
(K.S.JHAVERI,
J.)
(ila)
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