FA/169320/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1693 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI : ========================================================= 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 ? ========================================================= THE NEW INDIA ASSURANCE CO. - Appellant(s) Versus VILESHBHAI JAYANTILAL PATEL & 1 - Defendant(s) ========================================================= Appearance : MR SHALIN N MEHTA for Appellant(s) : 1, MR MUKESH H RATHOD for Defendant(s) : 1, MR RC JANI for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 26/08/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 02.03.2006 passed by the learned Commissioner under the Workmen's Compensation Act, Labour Court, Kutch at FA/169320/2007 2/4 JUDGMENT Gandhidham in W.C.A. No.27 of 2005 whereby, the said application was allowed. 2. The facts in brief are that respondent no. 1 herein was an employee of respondent no. 2 – Company. During the course of employment, respondent no.1 met with an accident on account of which the index finger of his left hand had to be amputated. Therefore, on 02.03.2006, respondent no.1 filed an application before the learned Commissioner under the Workmen's Compensation Act, Labour Court, Kutch at Gandhidham claiming compensation. 3. The learned trial Judge, after hearing the advocate for respondent no.1, allowed the said application on 02.03.2006 by awarding compensation of Rs.90,000/- and directed the appellant – Insurance Company to deposit the difference of amount, i.e. Rs.60,615/- plus Rs.2500/- towards medical expenses along with interest @ 12% p.a. from the date of the accident till its realization and 25% penalty. Being aggrieved by the aforesaid award, the appellant has approached this Court by way of this appeal. 4. Heard learned counsel for the respective parties and perused the documents on record. The main contention raised by the appellant – Insurance Company is that the application for compensation was filed by respondent no.1 before the Court below on 02.03.2006 and that the Court below, without issuing any notice FA/169320/2007 3/4 JUDGMENT and without affording any opportunity of hearing to the appellant, allowed the application of respondent no. 1 on the same day, i.e. on 02.03.2006. 5. On perusal of the documents on record, I find substance in the submission made by the learned counsel for the appellant. It is a matter of record that the application for compensation was filed before the Court below on 02.03.2006 and that the impugned order came to be passed on the very same day, i.e. on 02.03.2006 itself. Therefore, evidently, the impugned order has been passed without issuing any notice or without hearing the appellant / employer. Therefore, in my opinion, only on the aforesaid ground, the impugned order passed by the Court below deserves to be quashed and set aside. 6. In the result, the appeal is allowed. The impugned order passed by the Court below is quashed and set aside. The appellant – Insurance Company will remain present before the Court below on 06.10.2008 to present its case and the Court below will decide the entire issue afresh and dispose of the application within a period of six months from the aforesaid date. The amount deposited by the appellant – Insurance Company before the Court below will be invested in Fixed Deposit with a nationalized Bank on long term basis and the same shall be renewed from time to time without any orders in that regard. Interest accruing on the said deposit will be accumulated with the principal amount. With FA/169320/2007 4/4 JUDGMENT the above directions, the appeal stands disposed of. No order as to costs. [K. S. JHAVERI, J.] Pravin/*