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2013 Supreme(Chh) 314

SANJAY K.AGRAWAL
Krishna Vishwakarma – Appellant
Versus
C. S. P. D. C. L. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Shri Jitendra Gupta, Advocate for the Appellant No. 1
For Respondents/Defendant:Shri Manish Nigam, Advocate for the Respondent No. 1/Employer and Shri Vikas Pandey, Advocate for the Respondents No. 2 and 3

ORDER

Sanjay K. Agrawal, J.

1. This is an appeal by claimant No. 1 Smt. Krishna Vishwakarma, widow of deceased Rajkumar Vishwakarma, under Section 30 of the Employee's Compensation Act, 1923 (henceforth 'the Act, 1923') challenging the order dated 13-07-2012 passed by the Commissioner under the Act, 1923, Labour Court, Korba (henceforth 'the Commissioner') in Case No. 27/E.C. Act/2012/Fatal/Deposit apportioning compensation among the dependants of the deceased under Section 8 of the Act, 1923. The facts, as projected and necessary for adjudication of the appeal, are thus:

(1.1) Rajkumar Vishwakarma, who was employed under respondent No. 1/Chhattisgarh State Power Distribution Company Limited (CSPDCL) as a Line Attendant Grade-III, died in an accident arising out of and during the course of employment on 05-03-2011. On the date of accident, the deceased was aged about 32 years and was earning Rs. 14,963/- per month. The deceased died leaving behind him his widow Krishna Vishwakarma (claimant No. 1), mother Prasunkali (claimant No. 2) and sister Pushpa Vishwakarma (claimant No. 3). Under the provisions of Section 8 of the Act, 1923, respondent No. 1/CSPDCL deposited a sum of Rs.8,31,920











































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