D S CONSTRUCTIONS LTD Vs. RAJ KALI DEVI

JUDGEMENT

(1.) BY way of this appeal, appellant is challenging order dated 29th December, 2006, passed by Commissioner, Workmen's Compensation (for short as 'Commissioner'). Vide impugned order, claim for compensation filed by respondent was allowed.

(2.) FOLLOWING substantial question of law has been formulated in this case; Whether the order passed by the learned Commissioner is without jurisdiction in view of the fact that respondent is governed by the contract and was working in Libya and Indian laws are not applicable in the case of deceased/Emigrants or in view of Article 12(6) of the Emigration Act, 1983 or in terms of Clause 12 of the Contract?

(3.) DECEASED was 32 years at the time of accident. Accordingly, respondent claimed Rs. 2,03,850/ - as compensation amount along with 50% penalty and 13% interest on the above mentioned amount. Besides this, she also demanded Rs. 50,000/ - as travelling expenses etc.