Decided on August 21,2012

Shivdei Appellant
Co -operative Societies and 2 Others Respondents


B.S. Verma, J. - (1.) HEARD learned counsel for the parties and perused the record. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short the Act) is directed against the order dated 10 -3 -2011 passed by the Workmen Compensation Commissioner/District Magistrate, Uttarkashi (for short the W.C. Commissioner) in Review Case No. 3 of 2009, Shivdei and others Vs. Cooperative Societies Uttaranchal and others, whereby the review petition filed by the respondents for review of the order dated 23 -7 -2009 has been allowed and the earlier award dated 23 -7 -2009 has been set aside.
(2.) A perusal of the record shows that the claimants filed their claim petition for compensation under Section 3 of the Act on account of accidental death of the deceased Dev Singh, Collection Amin, which was registered as Case No. 15 of 2006, Smt. Shivdei and others Vs. Cooperative Societies Uttaranchal and two others. The claim petition was contested by the opposite party -respondent Nos. 2 and 3 before the WC Commissioner by filing their written statement. In that case, issues were framed by the W.C. Commissioner and Issue No. 1 pertains whether the deceased was a workman of the respondents and whether he died in the course of his employment as such. Issue No. 3 pertains whether the deceased was being paid a sum of Rs. 4,000/ - per month as salary/commission by the opposite parties. If so, its effect. Both the parties led their evidence in the case. The learned W.C. Commissioner after considering the oral and documentary evidence on record and after hearing the learned counsel for the parties has come to the conclusion that the deceased was a workman of the respondent No. 2. On Issue No. 3, the learned W.C. Commissioner determined the monthly salary of the deceased at Rs. 4,000/ -. The learned W.C. Commissioner has also observed on Issue No. 4 that on behalf of the respondents -opposite parties, an endorsement was made on paper No. 2A/9 that no evidence has to be led by the opposite parties in the case. However, the lower court record shows that such an endorsement has been made on the margin of order -sheet dated 2 -7 -2009 (paper No. 2A/6). Ultimately, by the award dated 23 -7 -2009, a compensation of Rs. 3,56,980/ - was awarded to the claimants. The learned W.C. Commissioner has, however, declined to grant any interest on the amount of compensation to the claimants.
(3.) IT is significant to mention at the outset that in this case the compensation was claimed on account of the death of the deceased, that the award was passed by the W.C. Commissioner and that the claimants have not assailed the award dated 23 -7 -2009 before any higher Forum in appeal, as contended by the learned counsel for the claimant -appellants.;

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