Gujarat High Court
The Oriental Insurance Co.Ltd vs Viliben Rambhai Zala & 6 on 12 July, 2016
Author: R.P.Dholaria
Bench: R.P.Dholaria
C/FA/1133/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 1133 of 2016
With
CIVIL APPLICATION NO. 5528 of 2016
In
FIRST APPEAL NO. 1133 of 2016
With
CIVIL APPLICATION NO. 5525 of 2016
In
CIVIL APPLICATION NO. 13380 of 2015
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THE ORIENTAL INSURANCE CO.LTD.....Appellant(s)
Versus
VILIBEN RAMBHAI ZALA & 6....Defendant(s)
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Appearance:
MR RATHIN P RAVAL, ADVOCATE for the Appellant(s) No. 1
MR NIKHIL S VYAS, ADVOCATE for the Defendant(s) No. 6
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 12/07/2016
ORAL ORDER
Order in First Appeal No.1133 of 2016:-
Admit. Mr. Nikhil S. Vyas, learned advocate waives service of notice of admission for respondent no.6 Mr. Rathin Raval, learned advocate for the appellant has raised the question that since the respondents-claimants have already got compensation under the provisions of Motor Vehicles Act, they cannot maintain their claim under the provisions of the Employees Compensation Act, 1923. He Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Jul 16 08:41:07 IST 2016 C/FA/1133/2016 ORDER further submits that since the respondents-claimants have chosen to approach both the places for the same accident, i.e. the Motor Accident Claims Tribunal as well as the Commissioner for Workmen Compensation, this appeal may be listed for final disposal.
List this appeal for final disposal on 30/08/2016.
Order in Civil Application No.5525 of 2016:-
Rule returnable on 30/08/2016. Mr. Nikhil S. Vyas, learned advocate waives service of notice of rule for respondent no.6.
Order in Civil Application No.5528 of 2016:-
Mr. Rathin Raval, learned advocate for the applicant- appellant submits that for the same accident, the respondents- claimants have already availed the award of compensation under the provisions of Motor Vehicles Act and that has been disbursed. He, therefore, prays to stay the execution, implementation and operation of the entire award passed in the Workmen Compensation Case No.48 of 2008 passed by the Commissioner of Workmen Compensation, Junagadh.
Upon considering the contentions raised by learned advocate for the applicant-appellant, the execution and operation of the impugned judgment and award dated 20/08/2015 passed by the Commissioner for Workmen Compensation, Junagadh in Workmen Compensation Case No.48 of 2008 is stayed till further order. This Civil Application is disposed of accordingly.Page 2 of 3
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