FA/2248/1992 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2248 of 1992 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 AYSHABEN ABDUL GANCHI & 1 - Defendant(s) ========================================================= Appearance : MR ADIL MIRZA for MR RR MARSHALL for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1, None for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 28/07/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and award dated 31.07.1991 passed by the learned Civil Judge (SD) and Ex-Officio Commissioner for Workmen FA/2248/1992 2/3 JUDGMENT Compensation, Amreli in Workmen's Compensation Application No. 3 of 1991, whereby the respondents- original applicants were directed to recover an amount of Rs.67,773/- from the appellant-original opponent no.1 by way of compensation together with 6% simple interest per annum from the date of application till its realization. 2.0. The facts of the case in brief are :- 2.1. The respondent herein is the widow of deceased Abdul Jamal. The deceased was working as cleaner cum driver with the respondent no. 2-original opponent no. 1. On 13.05.1989, while the deceased was on duty, truck bearing registration no. RNY 5313 came from the opposite direction and dashed with the truck of the deceased. The deceased received serious injuries and succumbed to it. Hence, the widow 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 to pay compensation of Rs.67,773/- with 6% simple interest per annum from the date of the application till realization. FA/2248/1992 3/3 JUDGMENT 2.2. Against the said order, the appellant has approached this Court by way of this appeal. 3.0. Heard learned counsel for the parties. From the perusal of the record, it transpires that the vehicle in question was insured with the appellant and, therefore, it is the statutory liability of the appellant to pay interest, since he had committed breach of Section 4-A of the Workmen Compensation Act. The deceased was in the employment of the respondent no. 2 since last two years and, therefore, there was relation of employer and employee between the respondent no. 2 and the deceased. Hence, the appellant is liable to pay compensation along with interest under the contract. 4.0 In view of the above, in my opinion, the impugned award passed by the learned trial Judge is just and proper and no interference is required by this Court. Hence, the appeal is dismissed with no order as to costs. [K.S. JHAVERI, J.] /phalguni/