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2018 Supreme(Guj) 954

S.G.SHAH
IFFCO TOKIO General Insurance Company Ltd. – Appellant
Versus
Sakhubhai Santosh Vanarse – Respondent


Advocates Appeared:
Rathin P Raval, Adv., J.F. Saiyed, Adv., Mtm Hakim, Adv., Vishal C Mehta, Adv.

JUDGMENT

S G Shah, J.

Heard learned advocate Mr.R.P.Raval for the appellant and learned advocate Mr.M.T.N.Hakim for respondent No.1 and 2 whereas learned advocate Mr.J.K.Saiyad for respondent No.3. Perused the record.

2. Appellant herein is original opponent No.2 before the labour Court - Ex-official commissioner in the Workmen Compensation Act, 1923 in Workmen Compensation (Fatal) Application No.7 of 2013. Such application was preferred by respondent No.1 and 2 herein against employer of the victim employee and the appellant insurance company for the accidental death of Samadhan Santosh Vanarse. After allowing all the parties to produce their evidence, commissioner has by award and judgment dated 28.08.2014 awarded the amount of Rs. 6,53,252/- with 12 % interest to be paid by both, the employer and its insured being appellant herein. The commissioner has also awarded Rs. 1,30,650/- as 20% of the amount of compensation towards penalty to be paid only by the employer whereby insurance company was not held liable to pay the amount of penalty. Therefore, being aggrieved by the award regarding payment of interest at the rate of 12% on the amount of compensation awarded by the commissioner














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