C/FA/4118/2007 ORDER DATED: 16/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4118 of 2007 ========================================================== NEW INDIA ASSURANCE CO. LTD. Versus RAMESH MADHAVJI JOSHI (Deceased Through Heirs) & ORS. ========================================================== Appearance: MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 1 MR DHAIRYAWAN D BHATT(11817) for the Defendant(s) No. 1.1 NOTICE SERVED for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 16/04/2026 ORDER In the first appeal, the amount of compensation involved is below Rs.5 lakh. Having heard the submissions made at bar and considering the fact that the amount involved in the subject matter of present First appeal is on lower side i.e. less than Rs.5,00,000/-, considering the smallness of the awarded amount involved in the present appeal, the Court is not inclined to entertain the present appeal and therefore, present appeal stands dismissed on account of smallness of amount. Consequently, CA, if any, does not survive and stands disposed of accordingly. However, it is clarified that dismissal of present appeal C/FA/4118/2007 ORDER DATED: 16/04/2026 shall not be construed that the Court has decided any legal issue involved in the subject matter of present appeal and therefore, the decision of present appeal shall not be treated as precedent for deciding any legal issue. The learned Commissioner is directed to disburse the amount of compensation deposited by the insurance company to the claimants after due verification and identification along with interest and after verifying their right to claim the compensation. Further, the learned Workman Commissioner has committed serious error in holding that the insurance company is held liable to pay penalty of 50% of the total amount of compensation. However, in view of section 4A(3) of the Employee Compensation Act, it is the owner who is responsible to pay penalty amount. In view of above, the appeal is partly allowed to the extent that the insurance company is not held liable to pay 50% amount of penalty and it would be recoverable from the owner. Learned advocate Mr. Palak Thakkar appearing for the insurance company would submit that the insurance company be granted permission to recover the amount of penalty, if deposited before the learned Workman Commissioner, from the owner. Permission granted. Upon strength of this order, if any amount is lying with the learned Workman Commissioner, it should be refunded to the insurance C/FA/4118/2007 ORDER DATED: 16/04/2026 company with accrued interest and if it is paid to the claimant, the insurance company shall be entitled to recover the same from the opponent owner by executing order of this Court. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 16/04/2026 17:58:06