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2006 DIGILAW 337 (BOM)

Mohammed Ibrahim Shaikh Munir v. Medical Officer, Employees State Insurance Scheme Dispensary, Wardha

2006-03-09

B.B.VAGYANI, S.G.NAGARALE

body2006
Justice Shri. B. B. V AGY ANI, Hon'ble President:- The Wardha Consumer Forum, by order dated 14th July, 1998 passed as award in favour of Complainant by which the original O.Ps. are directed to pay compensation of Rs.59,734.71/- with interest @ 18% to the complainant from the date of accident i.e. 12-51993 till realisation. Feeling aggrieved by the award passed by the Wardha Forum, original O.P. No.2 & 3 in complaint No.95/94 preferred Appeal No.1595/98 and Original O.P. No.1 preferred Appeal No.1606/98. The-Original complainant. feeling not satisfied with the quantum of compensation awarded by the Forum, has also preferred Appeal No. 1510/93. All these 3 Appeals are directed against the award dated 14th July, 1998. Moreover, identical issue with regard to jurisdiction is involved in these three appeals. Hence we propose to dispose of these three appeals by a common order. 2. We heard the complainant in person & the learned advocate Mrs. P.P. Maldhure for Appellant in A. No.1595/98. Written submission filed by complainant is taken on record. None present for the appellant in 1606/98. The issue with regard to jurisdiction goes to the every root of the matter. The original complainant is a workman and insured person under Employees State Insurance Act, 1948. A similar issue with regard to jurisdiction of Consumer For a was raised before Hon'ble National Commission in the case of Arunkumar Gupta Vs. E.S.I. Corporation. Hon'ble National Commission, by order dated 3rd September, 1998 in R. P. No 543/96 from the order dated 26-3-96 in Case No.A-217/95 of the State Commission, New Delhi in the case of Arunkumar Gupta Vs. Employees State Insurance Corpn., has categorically held that the complaint can not be entertained by the Consumer Forum constituted under the provisions of C.P. Act. It is further observed by the Hon'ble National Commission that E.S.1. Act being a Special Act, the remedy available to the complainant was to approach E.S.I. COUl1 for appropriate relief. The National Commission further observed that the jurisdiction of the Forum constituted under C.P. Act. 1986 to entertain such type of complaint is barred UI s.75(3) of the E.S.I. Act. Taking into consideration the well settled legal position, we hold that the Consumer Forum has no jurisdiction to entertain such type of complaints. In the result we pass the following order. 1986 to entertain such type of complaint is barred UI s.75(3) of the E.S.I. Act. Taking into consideration the well settled legal position, we hold that the Consumer Forum has no jurisdiction to entertain such type of complaints. In the result we pass the following order. ORDER The Appeals No.1595/98 and 1606/98 are allowed and the Appeal No.151 0/98 filed by the original complainant for enhancement stands dismissed. The impugned order under challenge dated 14th July, 1998 passed by the Forum below in quashed set-aside. The complaint filed by the original complainant stands dismissed. Liberty is granted to the Appellant in 1595/98 to withdraw the amount already deposited with the Forum below. Liberty is granted to the original complainant to approach Employees Insurance Court constituted U/s.75 of the E.SJ. Act, 1948. Employees Insurance Court shall take into consideration the time consumed by the complainant in prosecuting the complaint before Consumer Forums and pass appropriate order. Order accordingly.