BHALABHAI BECHARBHAI VYAS Vs. CHIEF CLAIMS OFFICER

JUDGEMENT

(1.) Heard learned advocate Mr. Nilesh M.Shah for the appellant and learned advocate Ms. Archana U. Amin for the respondent.

(2.) Learned advocate Mr. Nilesh Shah for the appellant submitted that the appellant has challenged the order dtd. 15/2/2000 passed by Second Joint Civil Judge(SD), Mehsana, Camp at Kalol, below Exh.17 in Workmen Compensation Application No.2/1993. It was submitted that the appellant suffered an injury as the shutter of L.C. Gate fell down on the left hand of the appellant and in view of such injury, he had to take treatment in the Government hospital. The appellant- claimant therefore, claimed compensation of Rs.80,000.00 by preferring an application before the Court. However, the Court below has disposed of such application on the ground of jurisdiction and rejected the prayer of the appellant to convert such application into suit.

(3.) Learned advocate Mr. Shah further submitted that the appellant was bona fidely pursuing his remedy to get compensation since 1992 and has challenged the order passed by the Court below rejecting his application for compensation by preferring Civil Revision Application before this Court which was ordered to be converted into First Appeal under Sec. 82F of the Indian Railways Act, 1890.