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2023 Supreme(Chh) 500

RAKESH MOHAN PANDEY
Rajni W/o Late Mansingh Khande – Appellant
Versus
District Excise Officer, Bilaspur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Parth Shrivastava, Advocate holding the brief of Mr. Anand Shukla, Advocate
For the Respondent:Mr. Dinesh Tiwari, Advocate

ORDER :

1. This appeal has been admitted on the following substantial question of law:-

    “Whether the Labour Commissioner for Employees Compensation was justified in dismissing the claim petition preferred by the claimants on the ground that the death of deceased – Mansingh took place not arising out of and in the course of his employment?”

2. This appeal has been preferred by the appellants/claimants against the order/award passed on 19.05.2015 by the learned Commissioner for Employee’s Compensation cum Labour Court, Bilaspur (C.G) in Case No. 114/WC Act/Fatal claim/2007, whereby the claim case has been dismissed.

3. Facts of the present case, are that appellant No. 1 is the wife of the late Mansingh Khande, whereas appellants No. 2 to 4 are daughters and sons and appellants No. 5 and 6 are the mother and father of the deceased. The appellants filed a claim case under Section 10 of the Employee’s Compensation Act, 1923, on account of the death of Mansingh Khande. Mansingh Khande was employed as a salesman in Welcome Distillery, Chherkabandha, Village Nevra and he was getting Rs. 3,050/- salary per month. On 08.05.2006, when the deceased was returning to his house, after completing his

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