FA/1553/1997 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1553 of 1997 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 ? ========================================================= NEW INDIA ASSURANCE CO LTD - Appellant(s) Versus MADHUBEN BABUBHAI BARAIYA & 5 - Defendant(s) ========================================================= Appearance : MR AJAY R MEHTA for Appellant(s) : 1, MR YOGESH S LAKHANI for Defendant(s) : 1 - 5. NOTICE SERVED for Defendant(s) : 6, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 29/07/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 3rd March, 1997 passed by the learned Commissioner of Workmen's Compensation at Bhavnagar in FA/1553/1997 2/4 JUDGMENT W.C. (Fatal) Case No. 12 of 1996, whereby the application was allowed and the appellant and respondent no.6- original opponent no. 2 were directed to deposit an amount of Rs.1,84,170/- towards compensation before Court of Workmen's Compensation. 2.0. The short facts of the case are :- 2.1. Respondent no.1 herein is the widow and respondents nos. 2 to 5 are the heirs of deceased Babubhai Narsinhbhai. The deceased was working as driver with the respondent no. 6-original opponent no. 1. On 11.01.1996, while the deceased was on duty, at around 11:00 truck bearing registration no. GTS 6704, turtled down near Kosamba. The deceased received serious injuries and succumbed to it. Hence, the widow and the legal heirs 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- original opponent no. 2 and respondent no.6-original opponent no. 1 to deposit an amount of Rs.1,84,170/- towards compensation before Court of Workmen's FA/1553/1997 3/4 JUDGMENT Compensation. 2.2. Against the said order, the appellant has approached this Court by way of this appeal. 3.0. The learned counsel for the appellant states that the issue involved in this appeal is squarely covered by the decision of the Apex Court rendered in the case of New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya & Anr. reported in (2006)5 SCC pg.192 whereby, the Court has held that under the provisions of Workmen's Compensation Act, the insurance-Company is liable to pay only the compensation and not the interest and penalty. 3.1. The learned counsel for the appellant has therefore, submitted that in view of the principle laid down by the Apex Court in the aforesaid decision, the show cause notice issued in the impugned award is illegal and bad in law. 3.2. The learned counsel for the respondent is not in a position to controvert this position. 4.0. Heard the learned counsel for the respective FA/1553/1997 4/4 JUDGMENT parties. On the facts and circumstances of the case and in view of the ratio laid down by the Apex Court in the case of New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya & Anr. (supra), I am of the opinion that the issue involved in this appeal is squarely covered by the said decision. In that view of the matter it would be appropriate if the appellant approaches the Court below by way of an application raising its grievances with regard to the disputes involved in this appeal. While doing so, the appellant shall be at liberty to produce the aforesaid decision before the Court below for its consideration and in such case, the Court below shall pass appropriate orders in the matter in accordance with law. 5.0. With the aforesaid directions, the appeal stands disposed of. [K.S. JHAVERI, J.] /phalguni/