Research › Search › Judgment

Gujarat High Court · body

2024 DIGILAW 629 (GUJ)

New India Assurance Co. Ltd. v. Naran Arjan Ayar

2024-03-22

DEVAN M.DESAI

body2024
JUDGMENT : DEVAN M. DESAI, J. 1. Heard learned advocate learned advocate Mr. K.V. Gadhia for the appellant-Insurance Company. 2. The present appeal is preferred by the appellant against the judgment and award dated 28.12.1989 passed by the learned labour Court Kutch-Bhuj in W.C. (Nonfatal) No. 163 of 1996. 3. The brief facts giving rise to the present appeal are as under: 3.1 The respondent herein was working as a driver and had met with an accident on 28.12.1998, due to which, he sustained injuries on stomach and left leg. Thereafter, he filed W.C. (N.F.) Application No. 163 of 1996 before the learned Labour Court. After hearing the parties, learned Commissioner had granted Rs. 1,06,785/- towards compensation along with 12% interest and Rs. 350/- towards cost. Being aggrieved and dissatisfied with the same, the appellant has challenged the said award on the ground of disability and rate of interest amongst other grounds. 4. Having heard the submissions and perused the materials available on record. Though, the various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the present appeal is only Rs. 1,06,785/-. Considering the smallness of amount, this Court deems it fit not to exercise the jurisdiction under Section 30 of the Workmen’s Compensation Act, 1923. Hence, the present First Appeal is hereby dismissed. No order as to costs. Record and Proceedings be sent back to the concerned Court forthwith. 5. Accordingly, only on the ground of smallness of amount, it is hereby clarified that this may not be considered as precedent in other claim petition arising out of the same accident.