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2018 Supreme(Bom) 1419

P.R.BORA
Firozkhan Kallukhan Pathan – Appellant
Versus
Dimpal Kumar Shah – Respondent


Advocates Appeared:
For the Appellant :Mr. Rathi Swapnil S., Advocate.
For the Respondents:Mr. A.B. Gatne, Advocate.

JUDGMENT :

1. Admit. Heard finally with consent of learned counsel for parties.

2. Judgment and Order passed by the Commissioner for Employees compensation, Latur (hereinafter referred to as the Commissioner) in WCA No.160/2013 on 10th June, 2016 is challenged in the present appeal by the original applicant. . For the sake of convenience, appellant is hereinafter referred to as the applicant.

3. The application has been rejected by the learned Commissioner, on the ground of jurisdiction.

4. As contended by the applicant, he met with an accident on 25th August, 2013 during the course of his employment as a driver with Respondent No.1 within the jurisdiction of Wadgaon-Mawal police station and suffered severe injuries. But he filed the application claiming compensation before the Commissioner at Latur since at the time of filing the claim application, he was residing at Latur. The learned Commissioner has held that the applicant has failed in establishing that he had ordinarily resided within the local limits of the geographical jurisdiction of the court of the Commissioner at Latur and hence has dismissed his application for want of jurisdiction, with liberty to him to file the claim pe


























































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