LAWS(MPH)-2021-2-122

PATTO BAI Vs. DHANRAJ K. PALIWAL

Decided On February 25, 2021
Patto Bai Appellant
V/S
Dhanraj K. Paliwal Respondents

JUDGEMENT

(1.) Heard.

(2.) This revision has been filed under section 115 of Code of Civil Procedure against the order of Commissioner, Workmen's Compensation, Labour Court, Jabalpur dated 1.3.2017 in Case No.196/WCAct/2003/Fatal, by which the said Court has declined the application of applicant Mukul Singh, successor of deceased Smt.Patto Bai for disbursement of deposited amount of compensation in his favour and directed to submit the succession certificate for the same.

(3.) The facts of the case are that applicant Mukul Singh's mother Smt.Patto Bai filed an application seeking compensation for the death of her son Ajit @ Paladi before the Labour Court, Jabalpur in which an award of Rs.2,37,888/- alongwith interest was passed vide order date 17.14.2014. The said amount was not deposited by the respondent, so Smt.Patto Bai has filed an application for execution of the award. In compliance of execution, respondent has deposited the amount in favour of Smt.Patto Bai. Unfortunately in the meantime, Smt.Patto Bai, had died and her son Mukul Singh was brought on record as a legal heir of Smt.Patto Bai and requested for payment of compensation amount. The enquiry was conducted and the Labour court by the impugned order dated 1.3.2017 has observed that applicant Mukul Singh is not found proved to be the sole survivor of deceased Smt.Patto Bai, so he is not entitled to get the whole amount of compensation. It was also mentioned in the impugned order that applicant Mukul Singh may proceed before the appropriate Court and get the succession certificate and after submitting the same, deposited money will be disbursed accordingly.