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1993 Supreme(Guj) 336

A.N.DIVECHA
SAMUBEN – Appellant
Versus
PATEL INDUSTRIES – Respondent


Advocates Appeared: JIVANLAL G.SHAH, MOHIT S.SHAH

A. N. DIVECHA, J.

( 1 ) THE decision rendered by the learned Civil Judge (S D.) at Baroda acting as the Commissioner for Workmens Compensation on 2 8/12/1984 in Workmens Compensation Case No. 9 of 1983 is under challenge in this appeal at the instance of the original applicants. Thereby the Trial Forum partly accepted the application of the applicants for compensation and awarded Rs. 4,000. 00 to them after deducting Rs. 14,000. 00 stated to have been paid to them by the respondents from the total compensation of Rs. 18,000. 00 fixed by the Trial Forum.

( 2 ) THE facts giving rise to this appeal are not many and not much in dispute. One Bhalubhai Rathva was stated to be a workman working under the respondents. He is stated to have met with some accident on 19/01/1982 and sustained injuries. Later on he succumbed to his injuries. He was working as a labourer on the daily wage basis and his wage per day was in the sum of Rs. 8. 50 ps. His monthly pay was in the sum of Rs. 255. Applicant No. 1 is the widow of the deceased workman and applicants Nos. 2 to 5 were his children and 6 and 7 his parents. They claimed compensation from the respondents for the death of the workman in the cours















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