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2015 DIGILAW 1238 (MP)

Harisingh @ Harish v. Arneja Auto Logistic

2015-12-11

PRAKASH SHRIVASTAVA

body2015
ORDER 1. This writ petition has been filed by the petitioner challenging the order of the Commissioner for Workmen’s Compensation dated 31.7.2015, by which the petitioner's application for disbursement of the compensation amount kept in the fixed deposit has been rejected. 2. Learned counsel appearing for the petitioner submits that the petitioner has only been disbursed a sum of Rs.40,000/- whereas he has incurred an expenditure of Rs.1,00,000/- in his treatment and the amount is required by the petitioner for the future treatment also. 3. Having heard the learned counsel for the petitioner and on the perusal of the record, it is noticed that the Commissioner for Workmen’s Compensation by the earlier order dated 18.4.2015 had rejected the petitioner's application and this Court by order dated 15.7.2015 passed in Writ Petition No.4490/2015 had granted permission to the petitioner to file fresh application for disbursement of the amount before the Commissioner for Workmen’s Compensation, keeping in view the fact that the additional material was produced before this Court to show the need of money. The Commissioner for Workmen Compensation by the impugned order dated 31.7.2015 has rejected the petitioner's application for disbursement solely on the ground that no power of review is vested in the Commissioner. 4. Considering the fact that the petitioner has been awarded a sum of Rs.3,99,998/- having regard to the injuries received by him and he has been disbursed only a sum of Rs.40,000/- and also considering the bill of expenditure already incurred, which has been enclosed along with the writ petition on Page No.32 and considering the future need of the petitioner, I am of the opinion that the petitioner is entitled to a further sum of Rs.1,25,000/-. Hence the impugned order passed by the Commissioner for Workmen’s Compensation is set aside with a direction to the Commissioner to release a sum of Rs.1,25,000/- out of the sum which has been awarded to the petitioner. 5. The writ petition is accordingly disposed of.