RAJANI AGRAWAL Vs. RAMSWAROOP

JUDGEMENT

(1.) This appeal is preferred by the claimant being aggrieved by the award dated 4/6/2007 passed by Commissioner, Workmen's Compensation, Labour Court No. 1, Gwalior in case No. C.O.C.8/B/WCA/2004 (Fetal); whereby the Commissioner has dismissed the claim petition filed by the present appellant/claimant on the ground that she has already approached the Motor Accidents Claims Tribunal for compensation and her claim was dismissed.

(2.) The brief facts of the case are that the appellant, who is widow of deceased Sanjeev alias Munna Agrawal has filed claim petition for compensation for the death of her husband before the Motor Accidents Claims Tribunal, Dabra, which was registered as claim case No. 40/02. The Claims Tribunal dismissed the claim petition by award dated 29/3/03. From the perusal of the said award, it is clear that the claims Tribunal while dismissing the claim petition has granted liberty to the present appellant to move appropriate application before Commissioner, Workmen's Compensation for award for the death of her husband and for redressal of her grievance. It also appears that Smt. Pushpa Bai and Madanlal were also the claimants before the Claims Tribunal along with the present appellant. After dismissal of her claim petition, being aggrieved by this award, Madanlal and Smt. Pushpa Bai preferred appeal before this Court by filing M.A. No. 555/05, which was dismissed as withdrawn on 25/07/03 and therefore,the present claimant/appellant has filed this appeal under Section 30 of Workmen's Compensation Act,1923.

(3.) From the perusal of the impugned award, it also appears that Smt. Pushpa Bai and Madanlal has also filed a separate application before the Commissioner, Workmen's Compensation, which was registered as case No. COC 19/B/W.C.A./04(Fetal). This claim petition was also dismissed. The petition filed by Smt. Rajani Agrawal was dismissed by the impugned award, hence this appeal.