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2021 Supreme(Guj) 811

A.S.SUPEHIA
Gopal Raman Nayar – Appellant
Versus
Vanaben Dineshkumar Bhuriya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Yogi K. Gadhia.
For the Respondent: Mr. Karna H. Dhomse.

JUDGMENT :

A.S. SUPEHIA, J.

1. With the consent of the learned advocates appearing for the respective parties, the present writ petition is taken up for final hearing.

2. Rule. Learned advocate Mr. Karna Dhomse waives service of notice of rule for the respondent nos. 1 and 2.

3. In the present writ petition, the petitioner inter-alia has prayed for the following relief:

    “8(A) This Hon’ble Court may be pleased to issue an appropriate writ, order and/or direction to quash and set aside the order passed by the Ld. Commissioner, Vadodara in Misc. Application No. 04/2019 dated 28.11.2019.”

4. The brief facts of the case are as under:

    4.1. Initially the claimant had filed WC Application No. 34 of 2013 against the petitioner herein, inter-alia, stating that the victim was working with the petitioner as a Driver on Truck No. GJ-06-W-8145 and he met with an accident on 19.05.2013, due to which he passed away. At the relevant time, as the petitioner had insurance, the petitioner informed the insurance company about the same and was under a bona fide impression that the claim will be settled. Moreover, the petitioner also gave all the necessary monetary and other help to the original claimant. In th

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