FA/1794/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1794 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 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 ? ========================================= = ORIENTAL INSURANCE CO.LTD. Versus JAISUKHLAL BHURABHAI BABARIA AND OTHERS ========================================= =Appearance : MR KK NAIR for the Appellant MR AMAR D MITHANI for Defendant(s) : 1 - 3. NOTICE SERVED for Defendant(s) : 4 - 5. DELETED for Defendant(s) : 6, ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 06/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) FA/1794/2007 2/2 JUDGMENT 1. This is an Insurance appeal against the quantum of compensation. The evidence on the part of the claimant is clear and unambiguous that the wife of the claimant was getting Rs.4100/- per month. No evidence was adduced to rebut this claim of the claimant in the claim petition. When there is no evidence on the part of the Insurance Company (contesting respondent), then the statement, as recorded on oath, cannot be generally disputed or disbelieved. The Tribunal has accepted it and has also accepted the financial background. On this issue, there was no cross-examination directed to the employer. We are in the appeal and are inclined to hold that, generally, the Insurance Company is not permitted to contest the quantum of compensation. Though permission under Section 170 has been taken, no evidence has been led on the part of the contesting respondent to contest the claim of the claimant. We are not inclined to interfere with the same. Hence, the appeal is meritless and is dismissed. 2. Office is directed to send back the record and proceedings to the lower court immediately. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar