NATIONAL INSURANCE COMPANY LTD v. SANKAR VIJAY SAW MILL
FA/3168/2012 · 2026-04-20
J C Doshi
body2012
DailyLaw.ai
[ 2012 DAILYLAW 910 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2012 DAILYLAW 910 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/FA/3168/2012 ORDER DATED: 20/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3168 of 2012 With R/FIRST APPEAL NO. 1678 of 2013 ===================================================== NATIONAL INSURANCE COMPANY LTD Versus SANKAR VIJAY SAW MILL & ORS. ===================================================== Appearance: MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR AS ASTHAVADI(3698) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2,3,5 =====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 20/04/2026
ORDER
1. Heard learned advocates for the respective parties in both the appeals. Some of the respondents are served, but they have chosen not to appear in the matters.
2. In the presents appeals, common Judgment and award passed in Workmen Compensation (Fatal) Case No.4 of 1997 by Commissioner for Workmen Compensation, Labour Court, Nadiad is challenged under Section 30 of the Employees Compensation Act, 1923 by the Insurance Company. Learned Commissioner for Workman Compensation proceeded to grant compensation of Rs.1,08,445/- with 12% interest plus 50% penalty.
3. Factual aspect is that, deceased – Kanubhai Fataji was serving with M/s. Sankar Vijay Saw Mill and on 08.01.1996,
C/FA/3168/2012 ORDER DATED: 20/04/2026 while he pulling a cart to carry the load on the platform at the saw mills, the belt broke and Kanubhai was flung hard on the track, due to which he had sustained serious injuries in the spinal cord and thereafter, he was taken for medical treatment and had taken treatment in the hospital, but had succumbed to his injuries on 10.08.1996.
4. Having heard the submissions made at bar by learned advocates, in opinion of this Court, no substantial question of law involves in the matters. Even otherwise, the amount involved in the subject matter of present First Appeal is on lower side i.e. less than Rs.5,00,000/- and therefore, considering the smallness of the awarded amount involved in the present appeals, the Court is not inclined to entertain the present appeals and therefore, present appeals stand dismissed on account of smallness of amount. However, it is clarified that dismissal of present appeals shall not be construed that the Court has decided any legal issue involved in the subject matter of present appeals, and therefore, the decision of present appeals shall not be treated as precedent for deciding any legal issue. Interim relief granted earlier, if any, stands vacated. Record and proceedings, if any, be sent back to learned Trial Court concerned.
5. Learned Commissioner concerned for Workman Compensation is directed to disburse amount of the compensation awarded to original claimants.
(J.C. DOSHI, J.) Raj Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 20/04/2026 18:31:17