NATIONAL INSURANCE COMPANY LTDversusSANKAR VIJAY SAW MILL

     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,


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          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

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