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1968 Supreme(Guj) 116

A.S.SARELA
BAI CHANCHALBEN – Appellant
Versus
BURJORJI DINSHAWJI SETHNA – Respondent


Advocates Appeared: G.P.Vyas, MAHESH C.BHATT, R.M.VIN

A. S. SARELA, J.

( 1 ) ONE Bhikhabhai Kalandas a workman working at and doing the work of feeding the huller with paddy in the Flour Mills of the respondent Burjorji Dinshawji Shethna at Ankleshwar received injuries on 8-12-1963 in an accident arising out of and in the course of his employment. He died on the same day as a result of the injuries so received. His widow who is the appellant here made an application to the Commissioner for Workmens Compensation (hereinafter referred to as the Commissioner) under sec. 22 read with sec. 19 of the Workmens Compensation Act 1923 (hereinafter referred to as the Act) for an order for compensation under the Act. The Commissioner held her to be entitled under the provisions of the Act to compensation of Rs. 3000/but has awarded Rs. 1500/by deducting a sum of Rs. 1500/earlier paid by the respondent under circumstances to be presently mentioned The appellant has come to this Court in appeal under section 30 of the Act her grievance being that the Commissioner was in error in ordering a deduction of Rs. 1500/but should have made an order for payment of Rs. 3000/which was the amount of compensation payable

( 2 ) IN the lower Court the respondent ra


















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