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2006 Supreme(SC) 589

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Jyothi Ademma – Appellant
Versus
Plant Engineer, Nellore – Respondent


JUDGMENT

Arijit Pasayat, J. — Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court holding that the appellant was not entitled to any compensation under the Workmen Compensation Act, 1923 (in short the Act). The appeal filed by the respondents under Section 30 of the Act was allowed by the High Court. The Commissioner for Workmens Compensation (in short Commissioner) had awarded a sum of Rs.61,236/- by award dated 16.6.2001, which was challenged by the respondents before the High Court.

2. Background facts in a nutshell are as follows:

Mr. J. Venkaiah, the appellants husband (hereinafter referred to as the deceased workman), was working in Nellore Thermal Station, Nellore. On 24.9.1994 he died at the work spot. Appellant filed an application before the Commissioner claiming compensation of Rs.1,00,000/-. Her stand in the claim petition was that the death was due to stress and strain closely linked with the employment of the deceased workman and, therefore, attributable to an accident arising out of and in the course of employment. The plea found favour with the Commissioner who made the award as noted above. The



















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