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2006 Supreme(HP) 45

DEEPAK GUPTA
The Managing Director, H. P. Forest Corporation – Appellant
Versus
Surinder Pal, Daulti Devi widow and Shishana Devi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rakesh Jaswal, Adv. Vice, N.S. Chandel and B.K. Malhotra, Advs.
For Respondents/Defendant:B.K. Malhotra, Adv., for the Respondent No. 1, M.S. Guleria and Lakshay Thakur, Advs., for the Respondent-Objector No. 2 and 3 in FAO No. 404 of 2003, cross Objections No. 512 of 2003 and Rakesh Jaswal, Adv., Vice, N.S. Chandel, Adv.

JUDGMENT

Deepak Gupta, J.

1. By this judgment two appeals being FAO (WCA) No. 404 of 2003 and FAO (WCA) No. 425 of 2003 are being disposed of Cross Objections No. 512 of 2003 are also being disposed of by this judgment.

2. Briefly stated the facts of this case are that claimants Daultu Devi and Shishana Devi, claiming themselves to be the widow and daughter of deceased Chanalu, filed a petition under the Workmen's Compensation Act for grant of compensation. The allegations in the claim petition were that the deceased Chanalu was engaged by Surinder Pal as wood cutter for cutting and removing trees from the forest. It is further alleged that Surinder Pal was engaged as a Contractor by the H.P. Forest Corporation and therefore, the Forest Corporation being the Principal employer was also liable to pay compensation.

3. The facts as alleged in the claim petition were that on 6.8.1992, during the course of employment, one log of wood fell on the legs of Chanalu Ram. He was immediately shifted to the hospital at Mandi where he was treated. From Mandi, he was referred to Indira Gandhi Medical College, Shimla and on the next day, he was referred to PGI, Chandigarh. At PGI, Chandigarh, both his



































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