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2006 Supreme(Ker) 63

M.RAMACHANDRAN, A.K.BASHEER
Smt. Mary – Appellant
Versus
The Regional Director – Respondent


Judgment :-

Ramachandran, J.

Order passed by the Employees Insurance court, Kollam dated 28-9-2004 in Insurance Case No.32 of 2002 is under challenge. Sri.T.V. George appeared for the appellant and Sri.Sandeep Raja represented the respondents. We note that the application had not received as much attention as it required, and the issue involved has to be subjected to a fresh consideration on all aspects. A remand of the matter therefore becomes essential. We may briefly note the facts of the case, as guidelines require to be issued for a proper adjudication of the disputed question.

2. Sri. Maria Das, husband of Smt. Mary the appellant was an employee covered by the Employees Insurance Scheme. The couple had four children, all of them girls. Sri Maria Das had met with an accident on 3-1-1984 which had led to his premature death on the date following. Although a road accident, the E.S.I. Corporation had recognized it as an employment injury and had sanctioned dependants’ benefits to the widow and her four children by order dated 6-8-1984. Later, when information had reached the E.S.I. Corporation, that there was a remarriage of the appellant on 8-6-1987, the dependants’ benefits to he









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