LAWS(P&H)-1987-5-58

BHAGWANTI Vs. EMPLOYEES STATE INSURANCE CORPORATION

Decided On May 01, 1987
BHAGWANTI Appellant
V/S
Employees' State Insurance Corporation and Ors. Respondents

JUDGEMENT

(1.) THIS appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'), is directed against the order dated 4.9.1986 passed by the Judge, Employees' Insurance Court, Chandigarh, whereby he dismissed an application filed by the Appellant under Section 75 of the Act against the Respondent -Corporation for payment of benefits admissible to her on account of the death of her husband Chamela Ram, an insured employee.

(2.) THE facts in brief are that Chamela Ram deceased was employed with the Chandigarh Transport Undertaking. He died as a result of an employment injury within the meaning of Section 2(8) of the Act on 26.8.1974. It is not disputed that after his death, the dependants of Chamela Ram including the Appellant who is his widow were being paid the benefits admissible to them under the Act upto February, 1985, but then all of a sudden from March, 1985 payment of benefits was discontinued. This compelled the Appellant to file an application before the learned trial Judge.

(3.) THEREFORE , the Respondent was no longer under an obligation to pay the benefits to the Appellant. This plea of the Respondent has been upheld by the learned trial Judge who dismissed the application of the Appellant.