SUPERINTENDING ENGINEER CANAL Vs. PHOOLA
HIGH COURT OF RAJASTHAN
Superintending Engineer Canal
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GUMANMAL LODHA,J. -
(1.)THIS appeal is directed against the order of Workmen's Compensation Commissioner, Bikaner in Workman's case No. 31 of 1974.
(2.)PHOOLA Rani and others filed the claim for compensation. Her husband Sohanlal expired because of heart attack on 4 -3 -11972 when he was working as an operator on a truck RJK 8303 in the employment of the appellant. The claim of compensation was not paid inspite of notice and instead of making the payment when the application was filed, the appellant contested. A meagre amount of Rs. 8,000/ - was awarded; by the Authority after full contest. Unfortunately the appeal has been filed against the widow by the State of Rajasthan and the Superintending Engineer, which in my considered opinion in this age of social justice is to be deprecated. It is expected that the authorities concerned in the Government should make payment of the compensation themselves to the dependents of such unfortunate deceased.
The Workmen's Compensation Commissioner has held that it is common ground that Sohanlal on 4 -3 -1972 was performing his duties under the employment of the appellants and in the course of working in the work shop with a hammer be became unconscious and died.
(3.)ON 2 -2 -1979 it was observed that the question of limitation should be decided at the final hearing and Mr. Arora raised a preliminary objection on the maintainability of the appeal on the ground that it was time barred.
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