GOPAL SINGH Vs. COMMANDER, 21 BRTF (RGEF)

JUDGEMENT

(1.) EARLIER the present appeal was heard on 26 -8 -2004 and judgment was delivered on the same day. Later on the learned counsel for the appellant moved correction/modification application. The applicant was allowed vide order dated 4 -10 -2004 and the judgement and order dated 26 -8 -2004 was recalled. The judgement was reserved after hearing the case afresh on 14 -10 -2004.

(2.) BY the aforesaid appeal the applicant has prayed for setting aside the order passed under workman's compensation Act. The claimant Sh. Bhupendra Singh was working as labour on 2nd March 1979. Near Bajrauli he received grievous injuries and according to him he was getting a sum of Rs. 160/ - per month towards the salary and as such the amount of Rs. 23,520/ - was claimed by the injured. However later on he expired.

(3.) BRIEF facts giving rise to this appeal are that one Bhupendra Singh, the son of the appellants instituted a claim case no. 6 of 1980 before the Workmen Compensation Commissioner, Pithoragarh under the provisions of the Workmen Compensation Act, 1923 with the averments that while working on the road side near a place known as Askot (Pithoragarh) on 2nd March, 1979 as a gang -labour of D.G.B.R., which is a unit of 21 B.R.T.F. (GREF) C/o 56 A.P.O., he received grievous injuries as a result of which he became permanently disabled. It was further averred in the claim Petition that at the time of accident the injured was getting Rs. 160/ - per month from the D.G.B.R. and as such he was entitled for compensation from the opposite party to the extent of Rs. 23,520/ -.