Gujarat High Court
Zubedaben Usmangani Champaneriya & 3 vs Mohammedbhai Musabhai Shaikh & on 9 January, 2014
Author: Harsha Devani
Bench: Harsha Devani
C/FA/3507/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 3507 of 2013
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ZUBEDABEN USMANGANI CHAMPANERIYA & 3....Appellant(s)
Versus
MOHAMMEDBHAI MUSABHAI SHAIKH & 1....Defendant(s)
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Appearance:
MR VA MANSURI, ADVOCATE for the Appellant(s) No. 1 - 4
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
Date : 09/01/2014
ORAL ORDER
1. Mr. V. A. Mansuri, learned advocate for the appellants has drawn the attention of the Court to the decision of the Supreme Court in the case of Pratap Narain Singh Deo v. Shrinivas Sabata and another, AIR 1976 SC 222 as well as the decision of this Court in the case of National Insurance Company v. Jayashreeben Nandulal Nerkar (Patil) and others, 2008 (3) GLR 2004, to submit that the Tribunal was not justified in denying payment of penalty to the appellants as well as in awarding interest from the date of registration of the application under the Workmen's Compensation Act instead of awarding interest from the date of accident. Page 1 of 2 C/FA/3507/2013 ORDER
2. Having regard to the submissions advanced by the learned counsel for the appellants and in the light of the principles enunciated in the above decisions, the Court is of the view that the matter requires consideration. Hence, ADMIT.
(HARSHA DEVANI, J.) parmar* Page 2 of 2