VIJAY KUMAR AGRAWAL Vs. TULAWATI BAGHEL AND ANOTHER

JUDGEMENT

(1.) Present is an appeal under Section 30 of the Workmen's Compensation Act, 1923 assailing the award dated 21st October, 2016 passed by the learned Commissioner for Workmen's Compensation, Labour Court, Jagdalpur in case No. 44/2015/E.C.Act/ Fatal.

(2.) The Counsel for the appellant submits that, the matter pertains to an accident that took place on 22nd October, 2014 as a result of which the deceased-Sania Baghel succumbed to the injuries suffered by her. The Industrial Health and Safety Department so also the Insurance Company was immediately intimated about the accident by the employer. Subsequently, the Industrial Health and Safety Department is said to have sent an intimation to the employer for payment of compensation to the family members of the deceased. When the employer did not comply with the order, the Health and Safety Department of the State Government refers the matter to the Labour Court for initiating appropriate recovery proceedings against the appellant/employer. Meanwhile, the claimants also filed a claim application before the same Commissioner for Workmen's Compensation where the matter was registered as case No. 43/2015/ E.C.Act/Fatal where the respondent No. 2/Insurance Company was also a party and which entered appearance and had taken time to file reply. That on 20th October, 2016 during the course of hearing of the two cases, i.e., one filed by the claimant and the other filed at the behest of the Health and Safety Department of the State Government one of the claim petition filed by the claimant, i.e., Claim Case No. 43/2015 was withdrawn by the claimant on the ground that, the other claim application, i.e., the claim was already pending consideration before the Labour Court.

(3.) In the present case, the Insurance Company was not made a party and the final award was passed on 21st October, 2016 itself, i.e., on the very next date when the claimants claim case was disposed of as not pressed.