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1993 Supreme(Guj) 463

J.N.BHATT
DEVIBEHN DUDHABHAI, WD/o. DHDHA RAJA – Appellant
Versus
MANAGER,liberty TALKIES – Respondent


Advocates Appeared: B.T.BUCH, G.S.HARIBHAKTI, J.R.Nanavati

J. N. BHATT, J.

( 1 ) WHETHER appellant-Devibehn widow of workman is entitled to compensation in a claim for compensation under the Workmens Compensation Act 1923 (the Act) for the fatal employment injuries sustained by her husband Dudha Raja and unfortunately whose case is travelling in a long legal conduit pipe for a spell of more than 1 decades. What a travesty of justice ? Appellant has assailed the judgment and award passed by the learned Commissioner for Workmens Compensation at Porbandar in Workmen Compensation Case No. 17 of 1979. A short spectrum of facts leading to the rise of this appeal may be enumerated at this juncture.

( 2 ) ON 2 6/03/1979 deceased workman-Dudha Raja who was working as a door-keeper in Liberty Talkies Porbandar sustained serious accidental injuries arising out of and in the course of his employment culminating in his death on the next day in hospital. The cause of injury and death was heart attack. Widow of the workman for her and on behalf of her minor son inter alia contended that they are dependents of the deceased workman and that the deceased was earning monthly wages of Rs. 165. 00. Therefore the original applicants claimed an amount of Rs. 1680













































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