Decided on February 08,2008

Paniben Bharsinh Sodha Appellant
Girdharidan Vaktavardan Gadhvi Respondents


- (1.) THE original claimant has preferred the present First Appeal being aggrieved by the judgment and award dated 30.01.2004 passed by Workmen Compensation Commission, Palanpur in W.C. Application No. 20 of 1999.
(2.) MR . Desai, learned advocate for the appellant submitted that the short question involved in the present appeal is, whether the learned Commissioner, after arriving at a conclusion that the total compensation payable is Rs.2,11,000/ - [and awarded Rs.2,00,000/ - as the claim petition is restricted to Rs.2,00,000/ -], is justified in deducting Rs.1,00,000/ - on the ground that there is some doubt about the documents pertaining to original claimant No.1, wife of the deceased workman. Mr. Desai further submitted that the learned Commissioner has also not awarded penalty, interest and sufficient costs and, therefore, the same may also be awarded.
(3.) ON the other hand, Mr. Thomas appearing for Mr. Nanavati for the respondent No.3 Insurance Company submitted that the workman died on 08.02.99; the wife of the deceased died on 15.08.99; the claim petition is filed on 29.12.1999 showing the deceased wife also as one of the claimants. Therefore, the learned Commissioner is right in apportioning the amount by deducting Rs.1,00,000/ - towards the share of the deceased mother after coming to a conclusion that the total amount awardable is Rs.2,00,000/ -. Learned advocate further submitted that the the learned Commissioner had apportioned the compensation as provided under section 8 of the Act, and, therefore, it does not call for any interference at this stage. Respondents No. 1 and 2 have refused to accept the process. However, apart from the settled position that refusal amounts to sufficient service, since their insurer is respondent No.3 and since respondent No.3 does not dispute its liability to indemnify the unserved respondents, this matter is being finally decided though respondents No. 1 and 2 have refused to accept service.;

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