LAWS(J&K)-2005-5-17

J P INDUSTRIES LTD , KISHTWAR Vs. MOHAN LAL

Decided On May 31, 2005
J P Industries Ltd , Kishtwar Appellant
V/S
MOHAN LAL Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Commissioner under the Workmenâ„¢s Compensation Act, Assistant Labour Commissioner Kishtwar on 31.5.2000 who allowed the claim petition of respondents and awarded Rs. 1,77,400 on account of death of Chotu Ram.

(2.) RESPONDENTS Mohan Lal and others are the legal heirs of the deceased Chotu Ram. It was pleaded that while he was working with the appellant at work site Hasti Kishtwar on 13.8.1997, the deceased all of sudden felt severe headache and was admitted to SDH Kishtwar where he was declared dead on 15.8.1997. It was pleaded that at the time of death, the deceased was 25 years of age and was earning Rs. 1410/ - per month.

(3.) THE appellant contested the claim petition and filed objections pleading that the applicants are not entitled to any compensation from the appellant as the deceased was not under its employment. At the time of illness, when the deceased was admitted in the Hospital, the Applicants had never approached them for negotiation.