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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, S.M.MODAK
Sunita Bapu Jagtap – Appellant
Versus
Chairman, Maharashtra State Road Transport Corporation Ltd. – Respondent
JUDGMENT :
S.M.MODAK, J.
1. The issue involved in this Writ Petition is about entitlement of wife of deceased to claim compensation from the respondents on account of death of her husband. Bapu Jagtap was the employee of respondent No.1–Maharashtra State Road Transport Corporation Ltd. (“MSRTC Ltd.” for short, henceforth) and on relevant date, he was deputed at Wadala Depot of Brihanmumbai Electric Supply and Transport Undertaking (“BEST” for short, henceforth). He died on 7th April 2021 at Sub-district Hospital, Yevala, District : Nashik on account of COVID-pneumonia. The petitioner being the wife claimed compensation from MSRTC Ltd. However, it was rejected and communicated through letters dated 21st January 2022, 5th March 2022 and 2nd March 2023. It was rejected for the reason “deceased Bapu Jagtap was not assigned essential services and he was not the driver involved in the interstate transport.”
2. This decision is challenged by way of this petition and there is prayer for issuing Writ of Mandamus against the respondents to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakh). The petitioner heavily relied upon the compensation to be paid as per the circular dated 1st June 202
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COVID-19 policy covers traffic controllers in public contact; cut-off date means infection before 30/9/2020, not death; state extensions binding on corporations, entitling family to compensation.
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and....
Only one claim petition is maintainable per cause of action under the Employee’s Compensation Act, preventing subsequent claims by other dependents once a settlement has been reached.
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
The court ruled that the deceased was on disaster management duty at the time of the accident, establishing entitlement to Ex-Gratia compensation under the relevant government notification.
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