UNION OF INDIA Vs. KUMARI MAYA

JUDGEMENT

(1.) HEARD finally with the consent of both the parties at motion stage.

(2.) THIS Misc. Appeal u/s 30 of Workmen's Compensation Act,(8 of 1923) (hereinafter referred to 'the Act')has been preferred by appellant Union of India, against the order dated 5.6.2008, passed by the Commissioner of Workmen's Compensation cum Labour Court , Khandwa (hereinafter referred to as 'trial court) in case no. 24/2006( WCF) by which compensation to the tune of Rs.3,25,365/- (Rs.Three lakh twenty five thousand, three hundred and sixty five only) has been awarded to the heirs of deceased Raju @ Rajendra son of Sildar with 9% interest from the date of application till its realization.Undisputed fact of the case is that the entire amount has been deposited by the appellant as per mandatory provisions of the Act. It is also undisputed that deceased Raju @ Rajendra died while working on Railway Track at Bhusawal of which a cognizance was taken by G.R.P. Police and his postmortem was conducted in Civil Hospital,Bhusawal. THIS appeal has been filed on the ground that since Raju alias Rajendra was not an employee of the appellant so the appellant is not responsible to pay the compensation as has been awarded by the trial Court.

(3.) I am of the considered view that learned trial Court has already fixed liability and decided the case on merit and there is no ground available that a different view shall be taken hence this appeal is dismissed. The amount so deposited before the Trial Court be disbursed according to law.