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1984 Supreme(Raj) 492

G.M.LODHA
Krishna Weaving Mills – Appellant
Versus
Smt. Chandra Bhaga – Respondent


JUDGMENT

1. :- Fatal accident of workman is sought to be snubbed by legal accidental gimmicks?

2. This appeal has been filed by M/s. Krishna Weaving Mills, Madan Ganj, Kishangarh (Ajmer) against the order passed by the Commissioner for Workmen's Compensation, Ajmer, dated 31st August, 1977, awarding Compensation of Rs. j10,000/- to the respondent No. 1, Smt. Chandra Bhaga Devi wd/o Mool Chand. It is not in dispute that Mool Chand died in an accident, it is also not in dispute that he was employed with the appellant-Mill.

3. It is also proved on record that Mool Chand died on account of the accident in the factory.

4. The only question raised by Shri K.N. Tikku, the learned Advocate for the appellant is that he was Munim and not workman and, further that no notice was given earlier to the appellant-Mill and, the appellant was made party later on after expiry of the period of limitation.

5. I have considered the rival contentions of the learned Counsel for the parties and gone through the impugned order of the Commissioner for Workmen's Compensation in addition to the evidence. There is no medical evidence on record. The deceased went in the factory and, since the electricity was not wor







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