UNITED INDIA INSURANCE CO.LTD v. MAHESHBHAI CHIMANLAL SHAH
Case at a glance
Outcome
Allowed
(cid:9)In the circumstances, this appeal is allowed to
Provisions considered
Judgment
CORAM : MR.JUSTICE A.R.DAVE MR.JUSTICE J.R.VORA Date of decision: 16/04/2001 ORAL JUDGEMENT (Per : MR.JUSTICE A.R.DAVE) (cid:9)Being aggrieved by the award dated 4th December 1996 passed by the Commissioner for Workmen's Compensation under the provisions of the Workmen's Compensation Act, 1923, this First Appeal has been filed.
2.(cid:9)Respondent No. 1 was a workman working under respondent No. 2. In the course of performance of his duties he met with an accident and, therefore, he had filed Non-Fatal Application No. 8/93 before the Commissioner for Workmen's Compensation, Surat, under the provisions of the Workmen's Compensation Act praying for a sum of Rs. 93,145/- along with interest at the rate of 12% from the date of the application till the date of deposit of the said amount. By an award dated 4th December 1996, a sum of Rs. 81,535/- along with interest @ 12% from the date of the accident till the date of the deposit and a further sum being 50% of the amount of compensation towards penalty was awarded by the Commissioner for Workmen's Compensation. Being aggrieved by the said award, the present first appeal has been filed.
3.(cid:9)It has been submitted by learned advocate Shri Mayank Buch appearing for the appellant that during the pendency of the First Appeal, the parties to the litigation have settled their dispute. It has been submitted by him that respondent no. 1, who is present in the court, has agreed to accept in all a sum of Rs. 110,000/- from the appellant insurance company.
4.(cid:9)Respondent No. 1, Shri Maheshbhai C. Shah, who is personally present in the court, has also submitted that upon getting legal advice, he has agreed to accept in all a sum of Rs. 110,000/- from the present appellant.
Operative part
5.(cid:9)In the circumstances, this appeal is allowed to the extent that the appellant shall pay in all a sum of Rs. 110,000/- to respondent No. 1. It has been submitted by learned advocate Shri Buch appearing for the appellant that a sum of Rs. 163,070/- was deposited with the Commissioner for Workmen's Compensation, Surat, and the said amount has been invested in a nationalised/scheduled bank. It is directed that the said deposit shall be encashed prematurely immediately and from the proceeds of the said deposit a sum of Rs. 110,000/- shall be paid to respondent No. 1-Shri M.C. Shah and the balance amount shall be permitted to be withdrawn by the appellant insurance company, preferably before 30th April 2001.
6.(cid:9)The appeal is allowed to the above extent with no order as to costs. (cid:9) (cid:9)(A.R. Dave, J.) (cid:9) (cid:9)(J.R. Vora, J.) (hn) (cid:9) (cid:9) (cid:9) (cid:9) (cid:9) (cid:9)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (cid:9)In the circumstances, this appeal is allowed to
Which statutory provisions did this judgment involve?
Constitution of India; Workmen's Compensation Act, 1923; Workmen's Compensation Act.
Which court decided this case, and when?
Gujarat High Court, on 16 Apr 2001. The bench was A R DAVE, R VORA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.