FA/281020/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2810 of 2008 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 ? ========================================================= UNITED INDIA INSURANCE CO LTD - Appellant(s) Versus GNANTIDEVI WD/O RAMUBHAI B RAJBHAR & 4 - Defendant(s) ========================================================= Appearance : MR RAJNI H MEHTA for Appellant(s) : 1, MR.HIREN M MODI for Defendant(s) : 1 - 4. MR ARVIND K THAKUR for Defendant(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 02/09/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and award dated 31st December, 2007 passed by the Ex-Officio Commissioner for the Workmen's Compensation, Surat in FA/281020/2008 2/4 JUDGMENT Workmen's Compensation (Fatal) Application No. 82 of 2004, whereby the said application was allowed and the insurance Company was directed to pay to the claimant an amount of Rs.4,33,820/- by way of compensation with running interest @ 8% from the date of the accident till the payment is made and imposed a penalty @ 25%. 2.0. The short facts of the case are : 2.1. The respondents herein are the legal heirs of deceased Ramu Bhagwan, who was working as a driver with the respondent no. 5. It is the case of the respondents that on 25th June, 2004, while the deceased was on his duty, some strangers, namely, Ashok and Sitaram with a view to rob the goods, attacked the deceased and during that process crushed down the deceased below the truck. The respondents, therefore, preferred an application being Workmen's Compensation (Fatal) Application No. 82 of 2004, before the Ex-Officio Commissioner for the Workmen's Compensation, Surat. 2.2. The learned trial Judge, after hearing the parties and considering the evidence on record, allowed the application in favour of the respondents and directed the Insurance Company to pay compensation of Rs.4,33,820/ FA/281020/2008 3/4 JUDGMENT with running interest @ 8% from the date of accident and also impose penalty of 25%. 2.3. The appellant being aggrieved and dissatisfied with the impugned award, has approached this Court by way of this Appeal. 3.0. Heard learned counsel for the parties. The main issue before the trial Court was that whether deceased died accidental death or a homicidal death. Prima facie, on going through the award of the learned trial Court, it is this issue which was not properly framed or discussed by the trial Court and considering the fats and circumstances of the case, it would be appropriate to remand the matter back to the trial Court for consideration afresh, after giving appropriate opportunity of hearing to both the parties. 4.0. In view of the above, the appeal is allowed. The impugned judgment and award dated 31st December, 2007 passed by the Ex-Officio Commissioner for the Workmen's Compensation, Surat, is quashed and set aside. The matter is remanded to the trial Court for consideration afresh. Both the parties will remain present before the trial Court on 17th November, 2008 and will produce all the FA/281020/2008 4/4 JUDGMENT documents which they want to rely upon, within two weeks thereafter. After production of such documents, the trial Court will hear and dispose of the application within six months from the date when the proceedings had actually started. 5.0. The appeal stand disposed of. No order as to costs. [K.S. JHAVERI, J.] /phalguni/