GITA BAI LODHI Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner has filed this writ petition mentioning therein that her husband Ganesh Singh Lodhi was a registered labour. He died on 6/7/2018 due to road accident.

(2.) It is submitted that petitioner is entitled to a sum of Rs.4,00,000.00 on account of death of her husband Ganesh Singh Lodhi in terms of the notification dtd. 31/12/2016 issued by Labour Department, Mantralaya, Vallabh Bhawan, Bhopal, amending the scale of compensation payable on account of accidental death.

(3.) Shri Piyush Bhatnagar, learned Panel Lawyer, in his turn, submits that FIR is available on record. Accident took place on account of rash and negligent driving of vehicle No. MP-20-BA-2510. It is submitted that it is a case of road transport accident and not of meeting an accident and sustaining injury/death at work place. Therefore, provisions of the said gazette notification Annexure P-4 will not be applicable and the petition is misconceived. After hearing learned counsel for the petitioner and going through the record. Madhya Pradesh Bhawan Evam Anya Sannirman Karmkar Niyojan avam Seva Sharto Ka Viniyaman Niyam, 2002 having framed in compliance of the provisions contained in Building and other Construction Workers (Employment and Conditions of Service) Act, 1996 hereinafter referred to as the Act of 1996.