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1975 Supreme(Guj) 135

A.D.DESAI, N.H.BHATT
Municipal Commissioner, Baroda – Appellant
Versus
Patel Engineering Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N.R. Oza.
For the Respondents: Mr. S.B. Vakil, Mr. C.K. Patil, Mr. S.K. Zaveri.

JUDGMENT :

A.D. DESAI, J.

1. All these 6 appeals are directed against the judgment and award passed by the Commissioner for Workmen's Compensation, Baroda, allowing the compensation claims in full except in respect of interest made by the heirs of 3 deceased employees of the Baroda Municipal Corporation (hereinafter referred to as the Corporation), who died in an accident which took place on November 26, 1967 at the main pumping station at Sewage Disposal Works of Baroda Municipal Corporation at Altadra.

2. To state shortly the facts are that the Corporation entered into a contract on March 12, 1965 with Patel Engineering Co. Ltd. (hereinafter referred to as the Contractor) for supply of Sewage Treatment Plant which was to be erected for the Corporation at village Altadra. In respect of the Sewage Treatment Plant tenders were invited and the tender of the Contractor was accepted by the Corporation. According to the Corporation the Contractor was under the terms of the agreement bound to hand over the Corporation a complete Sewage Treatment Plant at Altadra and from the date of commencement of the plant till the plant was completely handed over, the Contractor was fully responsible for

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