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2013 Supreme(Bom) 1048

A.B.CHAUDHARI
Conservator of Forests – Appellant
Versus
Kusumtai wd/o. Ganpatrao – Respondent


Advocates:
Advocate Appeared:
For the Appellants: M.P. Badar, Special Counsel.
For the Respondents:R1 to R3, S.S. Ghate, Advocate.

Judgment :

1. This is a First Appeal filed by the Conservator of Forest, Nagpur challenging the Judgment and Award dt.24.5.2001 passed by the Commissioner under Workmen's Compensation Act in W.C.A. (F) Application no.24 of 1999, by which the appellants were directed to pay compensation in the sum of Rs.1,63,070/- with interest @ 12 % p.a.

FACTS :

2. Deceased Ganpatrao Dhote, the husband of original applicant no.1/respondent no.1 herein and the father of other respondents was in the employment of appellant/Forest department for about a period of twenty years before his death as a Forest Guard attached to Bhalewada bit under South Umrer Forest range. At the relevant time, the deceased was posted at Compartment No.421 having territorial area of 24 kms. His duty was to preserve the forest from theft and to see that no part of the forest catches fire and to extinguish the fire. On the fateful day, on 29.1.1999, with his usual uniform, the deceased went on duty towards the forest with his motor cycle and was patrolling in Edsamba Jungle. It appears that he was murdered by some unidentified persons and his dead body was kept near the nala under the earth. Having searched for about two days s





















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