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2018 Supreme(Chh) 242

P.SAM KOSHY
National Insurance Company Limited – Appellant
Versus
Ghanaram Sahu S/o Purushottam Sahu – Respondent


Advocates Appeared:
For the Appellant :Shri. Vinod Deshmukh along with Shri. Abhishek Vinod Deshmukh, Advocate
For the Respondent:Shri. P.R. Patanker, Advocate

ORDER :

1. Present is an appeal by the Insurance Company under Section 30 of the Workman Compensation Act, 1923 assailing the award dated 05/10/2017 passed by the learned Commissioner, Employees Compensation Act, Labour Court, Durg (C.G.) in case No. 09/E.C.Act/2016 (Fatal).

2. Vide the said impugned award, the Tribunal in a death case has awarded a compensation of Rs.6,68,130/- with interest @ 12% per annum from the date of application.

3. The claimant in the instant case have also filed a cross appeal. Since, Rule 41 of Workman Compensation Act, 1944 envisages certain specific provisions of the C.P.C. which would be applicable under the Employees Compensation Act and where the provision of order 41 Rule 22 has not been mentioned, the cross appeal as such preferred by the claimant would not be maintainable.

4. The counsel for the claimant at this juncture does not pressed on the said cross appeal and seeks liberty to prefer a separate appeal for redressal of his grievance. The prayer of the claimant is allowed.

5. So far as the appeal by the Insurance Company is concerned, the Insurance Company has questioned firstly the liability which has been imposed upon the Insurance Company on th












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