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FA/2248/1992 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2248 of 1992
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
UNITED
INDIA INSURANCE CO. LTD. - Appellant(s)
Versus
AYSHABEN
ABDUL GANCHI & 1 - Defendant(s)
=========================================================
Appearance
:
MR
ADIL MIRZA for MR RR MARSHALL for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) : 1,
None for
Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 28/07/2008
ORAL
JUDGMENT
1.0. This
appeal is directed against the judgment and award dated 31.07.1991
passed by the learned Civil Judge (SD) and Ex-Officio Commissioner
for Workmen Compensation, Amreli in Workmen’s Compensation
Application No. 3 of 1991, whereby the respondents-original
applicants were directed to recover an amount of Rs.67,773/- from the
appellant-original opponent no.1 by way of compensation together with
6% simple interest per annum from the date of application till its
realization.
2.0. The
facts of the case in brief are :-
2.1. The
respondent herein is the widow of deceased Abdul Jamal. The deceased
was working as cleaner cum driver with the respondent no. 2-original
opponent no. 1. On 13.05.1989, while the deceased was on duty, truck
bearing registration no. RNY 5313 came from the opposite direction
and dashed with the truck of the deceased. The deceased received
serious injuries and succumbed to it. Hence, the widow of the
deceased had filed an application for compensation.
2.1. The
learned trial Judge, after hearing the parties and after considering
the evidence on record, allowed the application and directed the
appellant to pay compensation of Rs.67,773/- with 6% simple interest
per annum from the date of the application till realization.
2.2. Against
the said order, the appellant has approached this Court by way of
this appeal.
3.0. Heard
learned counsel for the parties. From the perusal of the record, it
transpires that the vehicle in question was insured with the
appellant and, therefore, it is the statutory liability of the
appellant to pay interest, since he had committed breach of Section
4-A of the Workmen Compensation Act. The deceased was in the
employment of the respondent no. 2 since last two years and,
therefore, there was relation of employer and employee between the
respondent no. 2 and the deceased. Hence, the appellant is liable to
pay compensation along with interest under the contract.
4.0 In
view of the above, in my opinion,
the impugned award passed by the learned trial Judge is just and
proper and no interference is required by this Court. Hence, the
appeal is dismissed with no order as to costs.
[K.S. JHAVERI,
J.]
/phalguni/
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