SUNIL CHANDRA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the order dated 2nd April, 2008 passed by the learned Commissioner, Workmen's Compensation, North Tripura, Kailashahar whereby he dismissed the application filed for restoration of the claim petition.

(2.) Normally, in a case arising out of the Workmen's Compensation Act, 1923 (now renamed as Employees Compensation Act, 1923) or in a case arising out of the Motor Vehicles Act, 1988 for grant of compensation, this Court is very liberal in taking a view in favour of the claimants. At the same time the liberal attitude of the Court cannot be abused by litigants who try to subvert the judicial process or by litigants who try to go forum hunting.

(3.) Briefly stated, the facts of the case are that according to the claimants, they lost their son Samiron Deb on 11th November, 2000 while he was performing his duties as workman for drilling of deep tube well at Sripur under Sub-Division of Dharmanagar, North Tripura. A petition being TS(W/C) No.02 of 2001 for grant of compensation was filed before the Commissioner, Workmen's Compensation at Kailashahar. This petition was pending and during the pendency of the petition without withdrawing this petition the petitioners filed another petition under the Workmen's Compensation Act in the Court of the Commissioner, Workmen's Compensation, Agartala. They were fully aware that they had earlier filed a petition before the Commissioner, Workmen's Compensation, North Tripura at Kailashahar but despite that they filed another petition in the Court of the Commissioner, Workmen's Compensation at Agartala.