^^T^-^J^^r-/^s^sj^-u^<^-u'- wf ^^- r r^/rt BEFORE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR M.A.G.Nb. ..^2^.fi>...../2010 APPELLANTS ^-' ^ ^%/ ^ y^11 ^'/. ^/y <h' ^ RESPONbENTS s>(^/ 5 1. DeepakAgrawal, Agedabout34 years S/oShri HariPrakashAgrawal (Wrongly nnentioned as Shri Balaji Agrawal) R/oPuraniBasti, Darri Thana : Darri, Tah.: Katghora, Dist : Korba (C.G.) Dinesh Agrawal, Aged about 32years S/o Shri Hari Prakash Agrawal (Wrongly mentioned as Shri Balaji Agrawal) Proprietor, Balaji Metals, Main Raod, Darri Thana : Darri,Tah.: Katghora, Dist : Korba (C.G.) Versus Nehru Chauhan S/o Shri Dharam Sihgh Chauhan, Aged about 50 years R/o Purani Basti, Darri Thana : Darri, Tah. : Katghora, Dist : Korba (C.G.) ^ ^ Smt. Meeta Chauhan W/o Shri Nehru Chauhan Aged about 42 years, R/o Purani Basti, Darri Thana : Darri, Tah. : Katghora, Dist : Korba (C.G.) 2 4 Appeal Amount : 3,25,365/- APPLICATION U/S 30 OF WORKMEN'S COMPENSATION ACT 1923 AGAINST AWARD DATED 11.01.2010 fCOPYAPPLIED ON 14.01.2010' RECEIVED ON 18.01.2010^ PASSED BY THE COMMISSIONER OF WORKMEN'S COMPENSATION ACT fLABOUR COURT, KORBA^ IN CASE N0. 13/WC ACT/09/FATAL ORDERING THE APPLICANT TO DEPOSIT COMPENSATION OF RS.3,25,365/- \K<r m&H COURT OP CHHATTISGAKH AT BIIASPUR p^lg^^ M.A.iCl N0.288 OF 2010 APPBLLANTS RESPOSiDBNTS Deepak Agrawal aiid aiiother Versus Nehru Chaulian aiid anotlier. APPEAL UNDBR SECTION 30 OF THE WORKMEITS COMPENSATION ACT. 1923 (Division Bench; Hon'ble Shri I.M. Ouddusi & Hoa'fele ShK O. Miabaiuddla, JJ,t Present s Sliri N.K. Vyas, comisel for tlie appeBaiits. Ms. Sonia Kuldeep, counsel for the respoiidents. ORALORDER (Passed on 13th day of September, 2011) Per I.M. Quddusi, J. Ti'iis appeal involves a substantial question of law to tiie effect tliat <in the abseiice of any eyidence 111 support of fhe clakti petition, tlie awai'd could be made in favom' of fhe workman?' 2. The appeal has been filed by (he appellants agaiiist fhe impugiied award dated 11-01-2010 passed by the Commissioner for Workrflen's Compensation, Labour Court, Korba (for short the Commissioiier) in Case No. 13/W.C.Act/2009/Patal. 3. Brief facts of tiie case are that Babulal Chouhaii was son of tiie respondents/clolmaiits. The appellants ai"e rumiuig Balaji Metal Stores situated at mam road Darri. They constructed a house in the year 2006. On 02-09-2006, deceased Babulal Clioulian was appointed for miloadmg maible stones from truck. At tlie tiuie of luiloadmg the marble stones by Babulal, one mai'ble stone slipped on lils left leg. He was admitted iii NTPC Hospital for treatment He •'^••i^ '. ..^A "l"%v' ^^ ^ remained at hospital for so maiiy days. He was extended oiily Rs.300/- by way offuiaiiclal assistaiice. The claimants were assm-ed by fhe appellaiits ^iereln) tiiat fliey have applied for compensation from Insurance Compaiiy and &s soon as flie check is received by tiiem, tlie expenses for tTeatment will be given to tlie claimaiits but tlie claimants could iiot get aiiy amouiit from fhe appellants. In the year 2008, tihe leg of Babulal was fully damaged for which the clalmaiits 1-iave requested the appellaiits to pay fl-ie expenses iacuiTed by them but fhe appellaiits have refused to pay fhe sanie. On 29-03-2008, a complaiiit was made to tlie police, Darri agaiiist the appellants and yet no actioii was taken agaiiist tliem. For waiit of proper cai'e and treatment, tlie body of Babulal was affected aiid on account of wliich he dled on 03- 06-2008. 4. The respondents/clalmants beiiig legal heu's of fhe deceased Babiilal Chouliaii liad fiied aii appllcation tefore flie Commissioner under Section 10 of tiie Workmen^s Compensation Act, 1923 claimlag compensation for flie deatli of tlie deceased. 5. The learned Commissioner on a close scrutiay of evidence led, material placed aiid submisslons made by fhe pai'ties, has awarded a total amount of Rs.8,25,365/- ^auist tlie appellaiits (hereui). The appellaiits, beliig a^tleved by the oi-der of fhe leai'ned Coiiimissioner, liave filed fhe instaat appeal for quasliing of order oftix; leaiiied ComiiiJtesioner. 6. We have heai-d learned couiisel for tiie paitles and pei-used the i-ecord of tiie Commlssioner as also tiie impui^T^d award. 7. Unfortunately, no evidence i-egai'ding tt'eatment given to the workmaii was filed on beliatf of the claimants. Learned couiisel for the claimaiits submitted fliat due to tlie death of the workuian, flie family members coiild not make a search of tlie relevant documents but now tliey ai'e awaUable. The ^•\./ \A.-f treatnient was given to tiie deceased at NTTC Hospital. The documents could be summoned from tiie hospital to ascertalii tlie ti'ufh but notliln^ lias been done aiid fhe award has beea passed in the absence ofevidence. 8. Consideriiig fhe facts and circumstances of tfae case, we ai'e of tlie opiiiion tliat fhougli no evldence has been produced but as the learned counsel for the clamiants have shown some of tlie documents, we ai'e not mclined to decide flie matter on tlie basis of fhose documents shown here in tliis appeal, with an mtention to glve one more opportmiity to fhe claimaats to file tlie papers i^at'diiig treatment 9. In vlew of the above, we are of tlie opMilon tliat the matter requires reconsideration at tlie end of the Commissioner. Therefore, we allow tliis appeal in part, set aside tlie impugaed awai'd dated 11-01-2010 aiid feinit flie matter back to fhe Coiaamissioner for decisioii afresh. Leai'ned Cominissioner shall summon tlie record fix)m NTPC Hospital, tf necessaiy and Uiereafter, the award shall be passed afresh. 10. Needless to mention fhat flie parties shatl be provided opportmiity to amend fhe pleadings, adduce fm'tiier evldence, file documents or get flie documents verified etc., on fhe basis of tiie pleadings already on record. 11. The paities shall appeai' before the Coimnlssioner on 20-10-2011. Rccoixl of tbe Coxnmissioucr ^liall be scnl back wifhout delay, 12. In the result, the appeal is aUowed iii part. No order as to costs. — j Sd/- Sd/- 1 G.Minhajuddin Kw LM.Quddusi Judge Judge