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DERBYSHIRE, B. K. MUKHERJEA
Pasupati Dutt – Appellant
Versus
Kelvin Jute Mills – Respondent
JUDGMENT
Derbyshire, C.J. - The appellant appeals from a decision by the Commissioner, Workmen's Compensation, Bengal, whereby the Commissioner declined to award the appellant any sum of compensation in respect of the death of a work-man killed by an accident arising out of and in the course of his employment. The facts are as follows: On 5th October 1934, one Hari Charan Day, the head engine driver in the Kelvin Jute Mills, was injured at his work. He died on 13th October 1934. The only person who could claim to be dependant upon the deceased within the meaning of the Act was one Kalo Moni Dutt. She was the daughter of the deceased but a widow. She had one son, the appellant, now aged seven years, then aged five years, who lived with her in the house of her father, the deceased workman. On 24th November 1934, the employers, pursuant to Section 8(1) of the Act, deposited with the Commissioner, Workmen's Compensation, the sum of Rs. 3,500 in respect of their obligations under the Act. On 29th November 1934, Kalo Moni Dutt died leaving the appellant surviving her. On 25th April 1935, the Commissioner heard the application of the appellant (through his uncle) for an award to be made in
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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