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2025 Supreme(Guj) 1379

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
New India Assurance Co. Ltd. – Appellant
Versus
Sagar @ Chandrakant Shri Hari Malik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Kv Gadhia
For the Respondent: Mr Harshad K Patel, Rule Served

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant – New India Assurance Company Limited against the judgment and award dated 01.03.2007 passed by the learned Commissioner for Workmen's Compensation at Gandhidham-Kachchh in Workmen's Compensation Case (N.F.) No.11 of 2005, whereby the learned Commissioner has awarded compensation of Rs.2,41,920/- with interest @ 12% p.a. in favour of original claimant and also directed the appellant Insurance Company to pay 50% penalty to the tune of Rs.1,20,960/- alongwith other expenses including medical expenses to the tune of Rs.30,000/-.

2. The short facts giving rise to present appeal are that, the appellant is an Insurance Company and the respondent No.2 herein had obtained the W.C. Policy No. 212501/41/03/00044 for its worker. That, as per the claim petition, the claimant respondent No.1 herein was working with the insured as a Helper and he was earning Rs. 3500/- p.m. That, on 20.11.2004, while he was working on machine, he met with an accident and suffered serious injuries on his left leg, for which, he had claimed compensation by filing Workmen's Compensation Case being Workmen's Compensation Case (N.F.) No.11 o

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