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Kishorilal Vs. Budhi - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtRajasthan High Court
Decided On
Judge
Reported in2(1985)ACC313
AppellantKishorilal
RespondentBudhi
Excerpt:
- .....consequently, the appeal is dismissed with costs, of rs. 500/-against the appellant.6. in this appeal, shri lodha submitted that the amount of rs. 9,000/-has not been paid, nor it has been deposited in the bank by the commissioner and the widow and unfortunate children have been kept 'high and dry' for a long period often years.7. this appeal is a frivolous one appellant should pay interest @ 12% from the date of death of bhonrilal, i.e. 21st june, 1974, till the date the amount is deposited in the bank as per directions of the commissioner.8. the workmen's compensation commissioner should also explain to this court why he has not paid the amount of interest to smt. budhi after depositing it in the bank. after receiving explanation of workmen compensation commissioner, bharatpur, the.....
Judgment:

Guman Mal Lodha, J.

1. This appeal is directed against the order of the Workmen's Compensation Commissioner Bharatpur, awarding compensation of Rs. 9,000/- to Budhi widow of Bhonri Lal. Bhonrilal died on account of a blast near the mines of gun powder.

2. Shri J.P. Goyal, the learned Counsel for the appellant, has challenged the finding of the Commissioner on the ground that Bhonri Lal was not in the employment of the appellant and in any case, the accident did not happen in the course of employment. This submission of Shri Goyal is vehemently opposed by Shri Lodha, the learned Counsel for the respondent.

3. I have perused the judgment and also the relevant evidence on record. It is proved on record that. Bhonrilal was in the employment of the respondent. It has further been proved that he died due to the injuries caused on account of blast of gun-powder. It is further proved that the gun-powder used to be utilised for blast in the mines of Kistoorilal.

4. Moreover, all these questions are questions of fact. An appeal Under Section 30 of the Workmen's Compensation Act lies only on substantial questions of law. No question of Law much less substantial question of law is involved.

5. Consequently, the appeal is dismissed with costs, of Rs. 500/-against the appellant.

6. In this appeal, Shri Lodha submitted that the amount of Rs. 9,000/-has not been paid, nor it has been deposited in the bank by the Commissioner and the widow and unfortunate children have been kept 'high and dry' for a long period often years.

7. This appeal is a frivolous one appellant should pay interest @ 12% from the date of death of Bhonrilal, i.e. 21st June, 1974, till the date the amount is deposited in the Bank as per directions of the Commissioner.

8. The Workmen's Compensation Commissioner should also explain to this Court why he has not paid the amount of interest to Smt. Budhi after depositing it in the Bank. After receiving explanation of Workmen Compensation Commissioner, Bharatpur, the explanation should be put up before this Court to decide whether contempt proceedings should be initiated or not.

9. It is unfortunate that on the death of a workman, while on duty, firstly, a petty amount of Rs. 9,000/- is allowed as more could not have been allowed as per the law prevailing at that time. Therefore again to add insult to injury that amount has not been paid, so far.

10. The Commissioner should now within a period of one month from today deposit the amount in the Bank and pay interest as directed by the Commissioner. In case the respondent Budhi prays for payment of amount as a whole in view of the delay, suitable amount may be paid to her from time to time in installments by the Commissioner.

11. The Workmen Compensation Commissioner should pay personally exemplary costs of Rs. 1 000/- to Budhi widow, who has been made to suffer by denial of payment so far, in the absence of any stay order.


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