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FA/776/1991 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 776 of 1991
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SANDHYABEN
PRAVINBHAI PATEL - Appellant(s)
Versus
KANTIBHAI
SHANABHAI RAVAL & 1 - Defendant(s)
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Appearance :
M/S
TRIVEDI & GUPTA for
Appellant(s) : 1,
MR HM PARIKH for Defendant(s) : 1,
MR RAJNI H
MEHTA for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/11/2010
ORAL
ORDER
The
present appeal is directed against the judgment and order dated
05/11/1990 passed by the learned Commissioner for Workmen’s
Compensation at Nadiad in Workmen’s Compensation Case No.3 of 1989 by
which the Commissioner has directed the appellant as well as the
Respondent – Insurance Company to pay an amount of Rs.99,700/-
by way of compensation to the respondent No.1 whereas the present
appellant only is directed to pay to the respondent No.1 an amount of
Rs.49,850/- by way of penalty and Rs.4000/- by way of medical
expenses.
2. It
is submitted by learned Advocate for the insurance company that the
compensation has already been paid but the question now requires to
be determined is in relation to penalty amount.
3. Having
heard the learned Advocate for the appellant, it appears that so far
as the question of penalty which is directed by the W.C. Commissioner
to pay to respondent No.1 by appellant is concerned, the cannot be
determined under Section 30 of the WC Act and therefore present
appeal cannot be entertained and is accordingly dismissed.
(K
S JHAVERI, J.)
sompura
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