EMPLOYEESS STATE INSURANCE COPORATOIN Vs. BASANTI

JUDGEMENT

(1.) THIS order shall also govern the disposal of MA. No. 2556/06 as in both the appeals parties are one and the same except claimants.

(2.) IN MA. No. 3106/05 order under challenge is dated 31.8.2005 passed by Employees State Insurance, Labour Court, indore in Case No. 9/02 ESI and the claimants are legal representatives of deceased Rajesh. While in MA. No. 2556/06 order under challenge is dated 5.4.2006 passed by Employees State Insurance Labour Court, Indore in Case No. 10/03 ESI and the claimants are legal representatives of deceased Sanjay.

(3.) THE claim petition was contested by respondent Nos. 5 & 6, wherein it was alleged that the death of Sanjay and Rajesh took place at their residence, which is at a substantial distance from the factory premises. It was alleged that no accident occurred daring course of employment. It was alleged that the claimants are not entitled for any dependent's benefit. It was prayed that the petition be dismissed. After framing of issues and recording of evidence learned Court below allowed the application and directed the appellant to provide dependents benefit to the claimants, against which present appeal has been filed.