JAIPUR VIDYUT VITRAN NIGAM LIMITED Vs. BHAROSI LAL MEENA & ORS.
LAWS(RAJ)-2013-9-353
HIGH COURT OF RAJASTHAN
Decided on September 30,2013

JAIPUR VIDYUT VITRAN NIGAM LIMITED Appellant
VERSUS
Bharosi Lal Meena And Ors. Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) BY way of present appeal filed under Section 30 of the Workman Compensation Act, the appellant has challenged the order dated 20.02.2004 passed by the Commissioner Workmen's Compensation, Sawaimadhopur and Karuli (hereinafter referred to as 'the Commissioner') in W.C.C. No. F 5/2003, whereby the Commissioner has awarded Rs. 4,50,440/ - by way of compensation for death of the deceased Bharosi Lal. The respondent Nos. 1 to 6 -claimants had filed the claim petition claiming compensation from the appellant and the respondent No. 7 on the ground that the deceased was an employee of the appellant, who died on account of electrocution on 18.12.2002.
(2.) AT the outset, it is required to be mentioned that the present appeal has remained pending at the admission stage for about 9 years inasmuch as the impugned order is dated 20.02.2004 and there was no follow -up attempt made by the appellant to get the matter listed in the Court. On this ground alone the appeal deserves to be dismissed, and more particularly when the entire amount of award has already been paid to the respondents -claimants long back. Even otherwise, so far as the merits of the case are concerned, the only contention raised by the learned counsel for the appellant is that deceased was not the employee of the appellant and, therefore, the appellant was not liable to pay any compensation to the respondents -claimants. The Court does not find any substance in the said submission. As rightly observed by the Commissioner, the appellant had failed to produce any evidence to show that the deceased was not the employee of the appellant but was the employee of the respondent No. 7. In absence of any evidence on record, it could not be said that the deceased was not the employee of the appellant. There being no other question of law much less substantial question of law raised by the appellant, the present appeal deserves to be dismissed and is accordingly dismissed.;


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