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2008 DIGILAW 50 (UTT)

Uttaranchal Power Corporation Ltd. v. Workmens Compensation Commissioner, Haldwani, Nainital

2008-02-12

RAJESH TANDON

body2008
Judgment Per RAJESH TANDON, J. Heard Sri N.S. Negi, counsel for the appellant and Sri Mohinder Singh Bisht holding the brief of Sri Gopal Narain, counsel for the respondent. 2. Present appeal has been filed against the judgment and award dated June 3, 2004 passed by the Workmen-Compensation Commissioner in W.C.A., No.3 of 1998 8mt. Gomti Devi v. U.P.S.E.B. (presently known as Uttaranchal Power Corporation Ltd.), Distribution Division, Almora and Others, whereby the respondent No.2 has been awarded a sum of Rs. 1,52,753/- towards compensation along with interest @ 12% per annum. 3. Briefly stated, a claim petition was filed by the claimant/respondent No. 1 being W.C.A., No.3 of 1998 Smt. Gomti Devi v. U.P.S.E.B. (presently known as Uttaranchal Power Corporation Ltd.), Distribution Division, Almora and Others stating therein that due to shot of current, the deceased who was working on a pillar of electricity died on December 18, 1986. At the time of accident, the deceased was 22 years of age and was drawing the salary to the extent of Rs. 1200/- per month. On account of the death of the deceased, the claimant has claimed a sum of Rs. 1,50,000/- towards compensation along with interest 12% per annum. 4. The defendants/appellants have contested the claim by filing a written statement stating therein that he has never been an employee of the Corporation. 5. Aforesaid claim petition was allowed by the Workmen Compensation Commissioner by recording a finding that he was enrolled as a Muster Roll Employee. Claims Tribunal has observed as under: "Vernacular matter omitted. " 6. In view of the above, I do not find any error or illegality in the aforesaid award granted by the Workmen Compensation Commissioner and the award deserves to be confirmed. 7. Consequently, A.O. is dismissed. No order as to costs.