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2023 Supreme(Bom) 818

URMILA JOSHI-PHALKE
Gowardhan Madanlal Agrawal – Appellant
Versus
Ramkumar Alias Munnilal Prajapati – Respondent


Advocates appeared:
N.B.Kalwaghe, Advocate

JUDGMENT

Urmila Joshi-Phalke, J. - This appeal is filed by original respondent Nos.1 and 4, who are owners of shop complex and residential flats, situated at Jaisthambha Chowk, Paratwada, challenging judgment and award dated 3.10.2006 passed by learned Commissioner for Workmen's Compensation at Amravati in Application (WCA) No.11/2002 whereby learned Commissioner directed appellants/owners to pay compensation Rs.3,02,400/- jointly and severally also to pay amount Rs.1,51,200/- towards 50% penalty on the amount of the compensation and interest @ 12% per annum from 28. 10.2001, till the compensation amount is realized.

2. Brief facts necessary for decision of the appeal are as under:

Respondent Nos.1 to 3 are dependents of deceased Jagannath Munnilal Prajapati. Appellant No.1 is husband of appellant No.2. Appellant No.2 had decided to build up a big shopping-cum-residential complex at the plot owned by appellant No.2 which was situated at Jaisthambha Chowk, Paratwada. Appellant No.1, being husband of appellant No.2, was having natural predominance over the construction work which was to be carried out in constructing of shopping-cum-residential complex. The appellants engaged respondent

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