Authority: High Court of Gujarat at Ahmedabad
Order Date: 20/07/2026
Case Overview
- Parties: Appellants – Bhavika Hitendrasinh Jethva & Ors.; Respondents – Act Infra Port Ltd. & others.
- Appeal No.: First Appeal No. 826 of 2025 filed under Section 30 of the Employees' Compensation Act.
- Original order: Workman Commissioner, Bhuj, District Kutch, dated 31‑12‑2024 in WC (NF) No. 30 of 2010, partially allowed the claim and awarded compensation of Rs 29,354 with 12% interest.
- Injury: Amputation of three toes, classified as a Schedule Injury; permanent disablement certificate (Exh.66) issued by Dr. Suresh Rudani.
- Dispute: Appellants argued the Commissioner incorrectly assessed disability, ignored the permanent disablement certificate, and excluded certain medical bills without reason. Respondent argued the Schedule Injury assessment was correct and no error occurred.
- Counsel: Mr. Hiren M. Modi (appellants), Mr. Yogi Gadhia (respondent No. 2); respondent No. 1’s counsel absent.
Final Outcome
- The Court found the matter fit for remand without deciding merits.
- The First Appeal is allowed; the impugned order dated 31‑12‑2024 is quashed and set aside.
- WC (NF) No. 30 of 2010 is restored/remanded to the Workman Commissioner, Bhuj, with a directive to conclude within six months of receipt of this order, free from influence of the earlier order.
- Both parties are granted liberty to lead evidence before the Commissioner.
- The Court emphasized that the Commissioner must decide on merits in accordance with law after considering all evidence.
- Registry instructed to return any R&P to the concerned Court forthwith.
Topics: Employees' Compensation, Judicial Review