Reliance General Insurance Co. Ltd. v. Mr. Izaz Ahmed Shaikh Joy Joseph And ANR.

32-FAST9671-13.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 9671 OF 2013 WITH CIVIL APPLICATION NO. 1186 OF 2013 Reliance General Insurance Co Ltd ...Appellant

Versus

Izaz Ahmed Shaikh Joy Joseph & Anr

...Respondents

Ms Kalpana Trivedi, for the Applicant/Appellant.

Mr TJ Mendon, for the Respondent No. 1.

CORAM: G.S. PATEL, J DATED:

25th July 2017 PC:- 1.

Section 30 of the Employees' Compensation Act 1923 and, specifically, the proviso to sub-section 1 of Section 30, makes it clear that no appeal lies against any order under that Act unless a substantial question of law is involved in the appeal. The only grounds taken are as to the rate or interest and whether taking disability at 100% was correct.

2.

These grounds do not raise any question of law at all, let alone one that can fairly be said to be substantial. The rate of interest is always discretionary within the statutory limits, if any. 25th July 2017

32-FAST9671-13.DOC 3.

As to the question of disability, it is well settled that a partial physical disability might well result in a complete functional or operational disability.

4.

Therefore, there is no substantial question of law. 5.

The First Appeal is dismissed. No costs.

6.

The Civil Application does not survive and it is disposed of as infructuous.

(G. S. PATEL, J) 25th July 2017