DIRECTOR, ARUNODI APARTMENT PVT. LTD. Vs. FATEMA BIBI

JUDGEMENT

(1.) Heard Mr. Z. Mukit, learned counsel for the petitioner. Also heard Ms. R. Choudhury, learned counsel for the respondents.

(2.) The petitioner has filed an application under Sec. 114 read with Order XLVII Rule 1 and 3 of CPC, 1908 against the impugned order dtd. 18/4/2022 passed by this Court in MFA No. 14/2022.

(3.) The factual matrix leading to the present review application is that the respondents as claimants filed a claim case before the Commissioner of Workmen's Compensation Act(Employees Compensation Act), Dhubri (herein after referred as E.C. Act) claiming compensation to the tune of Rs.7,50,000.00 in E.C. Case No. 12/2011. In the claim petition, the claimants alleged that on 30/10/2010 at about 05:00 p.m., their husband/son, namely Mahibul Hoque, while working with an electric machine to dress the marble of a floor in the building constructed by the present petitioner, had died due to electric shock. The claimants further alleged that the builder(the present petitioner) on coming to know about the accident had paid Rs.50,000.00 by two account payee cheques to the claimants and had promised to pay a further sum of Rs.7,50,000.00 as compensation to them. But the petitioner failed to pay the said amount. Thereafter, a pleader's notice under Sec. 10 of E.C. Act was sent to the present petitioner by registered post. As the petitioner had failed to comply with the said notice, the claimants had to file the claim case before the Commissioner claiming compensation as aforesaid.