REGIONAL DIRECTOR Vs. FATESINH MOHANSINH RATHOD

JUDGEMENT

(1.) REGIONAL Director, Employees' State Insurance Corporation, Ahmedabad, appellant-original opponent has filed this appeal under Section 82 (2) of the Employees' State Insurance Act, 1948 (herein above referred to as 'act') against the judgment and award dated 9/1/2003 passed by the learned Judge, Employees' State Insurance Court, Vadodara in E. S. I. Application No. 4 of 1991. By the impugned judgment, the learned Judge was pleased to allow the application. The learned Judge has held that the applicants are the heirs and legal representatives of the deceased Himmatsinh and directed the Regional Director, State Workmen Insurance Board to pay compensation from the date of death of deceased Himmatsinh i. e. 2/1/1991 in the present case with 9% interest and if there is a delay in payment, the Corporation has to pay 12% interest in this behalf.

(2.) FACTS giving rise to this appeal are as under:

(3.) ON behalf of the opponents, original applicants, the learned advocate has produced several documentary evidences namely cutting of Gujarat Samachar dated 31/12/1990 at Exh. 6/1 wherein the nature of accident has been referred in this behalf. The applicants also produced xerox copy of the accident report at Exh. 6/2 which shows that accident took place due to fire explosion because of leakage of some chemical, xerox copy of death certificate at Exh. 6/3 showing that the deceased expired on 2/1/1991, postmortem report at Exh. 6/4 which shows that the deceased has expired on account of burn.