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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

Table of Content
1. details of the compensation claim (Para 1 , 2)
2. arguments regarding penalty and interest (Para 5 , 6)
3. court's observations on statutory provisions (Para 7)
4. modification of the award regarding penalty (Para 8)
5. conclusion of appeal outcome (Para 9 , 10)

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 w

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