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S.S.SANDHAWALIA, BASANTI DEVI, S.KULWANT SINGH
BIRBAL SINGH – Appellant
Versus
EMPLOYEES STATE INSURANCE CORPORATION – Respondent


Counsel for the Parties :
For the Complainants :Mr. Harsh Aggarwal, Advocate.
For the Opposite Parties :Mr. V.K. Suri & Mr. S.M. Arora, Advocates.

ORDER

Mr. Justice S.S. Sandhawalia, President—This case is concluded against the complainant at the very threshold by I (1991) CPJ 309 ‘Smt. Ram Kali & Others v. Delhi Administration & Others’ and a string of other authorities.

2. For the limited purpose of adjudicating on the preliminary jurisdictional objections strenuously pressed on behalf of the opposite parties, it is unnecessary to delve into the facts too deeply. It suffices to mention that Birbal Singh, complainant and his children claim to be primarily aggrieved by the poor medical attention, received by the Late Smt. Omwati (wife of the Birbal Singh, complainant) at the E.S.I. Hospital and All India Medical Institute of Science, Delhi. The case laid was that Birbal Singh, complainant being an industrial worker was a member of the Employees State Insurance Corporation and both he and his deceased wife Smt. Omwati were fully covered under the State Employees Insurance Scheme with regard to medical aid. Despite such aid Smt. Omwati expired in the Hospital on the 8th of December, 1991 and the complaint has been preferred to seek compensation to the tune of Rs. five lacs only.

3. In the written statement filed by opposite party







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