IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. A.O. No. 1396 of 2001 Old No. 254 of 1996 M/S Kisan Sahkari Chini Mills Ltd, Gadarpur … Appellant. Versus Commissioner Workmen’s Compensation Act and 2 others .. Respondents. Mr. T.A. Khan, learned counsel for the appellant. Mr. P.C. Bisht, learned S.C. for respondent No. 1. None has appeared for other respondents. Dated: 06-05-2008 Hon’ble B.C. Kandpal, J. M/S Kishan Sahkari Chini Mills Ltd. Gadarpur has filed this appeal under Section 30 of the Workmen’s Compensation Act, 1923, challenging the judgment and award passed by Workmen’s Compensation Commissioner Haldwani dated 30-3-1996 in WC Case No. 10/1994. 2- Brief facts of the case are that one Shiv Lochan died on 6.4.1989 in an accident in Sugar Factory while discharging his duties. Smt. Rita Devi widow of the deceased Shiv Lochan moved an application for compensation before the Workmen’s Compensation Commissioner and the Workmen’s Compensation Commissioner after having considered the entire material filed on record, directed the General Manager of the Sugar Factory to pay a sum of Rs. 1,20,913/- to Smt. Rita Devi vide impugned judgment and award dated 30- 3-1996. 3- Feeling aggrieved by the aforesaid judgment and award, the Management of the Sugar Factory has preferred this appeal. 4- Heard Mr. T.A. Khan, learned counsel for the appellant and learned Standing Counsel for respondent No. 1. As per the record Smt. Rita Devi widow of deceased workman is dead, hence none has appeared on behalf of the legal representatives of the claimant. None has also appeared on behalf of respondent No.3, Kauleshwar, contractor. 5- Learned counsel for the appellant has invited my attention towards the record of the A.O. No. 1217 of 2001 (old No. 95 of 1992) Kauleshwar Vs. Smt. Rita Devi and others, which indicates that Smt. Rita wife of deceased Shiv Lochan had earlier moved an application on 2-3-1990 before the Workmen’s Compensation Commissioner for compensation. The Workmen’s Compensation Commissioner after having considered the entire material available on record, directed the employer/contractor Kauleshwar to pay a sum of Rs. 57,556-20P. The contractor had already paid a sum of Rs. 20,000/- to Smt. Rita Devi, hence the Commissioner directed the contractor to pay balance sum of Rs. 37,556- 20P. vide judgment and order dated 2.3.90. Against the aforesaid judgment and award the contractor filed an appeal U/S 30 of the Workmen’s Compensation Act before the Hon’ble Allahabad High Court, which was subsequently transferred to this court and the same was ultimately dismissed as time barred by Hon’ble Mr. Justice P.C. Pant, vide order dated 28-3-2006. Learned counsel for the appellant has thus raised the submission that once the compensation was granted to the wife of the deceased Shiv Lochan, then there was no justification for initiating the proceeding again with regard to the same accident on the basis of the application moved by the widow of the decease workman. 6- The impugned judgment and award in this case indicates that it relates to the accident dated 6-4- 1989 in which Shiv Lochan had died during the course of discharge of his duties. I am, therefore, of the view that the compensation could not have been granted by the Workmen’s Compensation Commissioner twice in the same accident in which deceased workman Shiv Lochan had died. 7- For the reasons stated above, I allow this appeal and set aside the impugned judgment and award dated 30-3-1996 passed by Workmen’s Compensation Commissioner in WC Case No. 10/1994. The amount, if any, has been deposited by the Management of the Factory, be returned to the appellant. (B.C. Kandpal, J.) ISB