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2008 Supreme(MP) 690

SUBHASH SAMVATSAR, INDRANI DATTA
Rajani Agrawal – Appellant
Versus
Ramswaroop – Respondent


Advocates:
B.N. Malhotra for appellant; Vandana Kekre for respondent No.2; H.K. Shukla for respondent No.3.

ORDER

1. This appeal is preferred by the claimant being aggrieved by the award dated 4.6.2007 passed by Commissioner, Workmen's Compensation, Labour Court No.1, Gwalior in Case No. COC 8/B/WCA/2004 (Fatal); whereby the Commissioner has dismissed the claim petition filed by the present appellant-claimant on the ground that she has already approached the Motor Accidents Claims Tribunal for compensation and her claim was dismissed.

2. The brief facts of the case are that the appellant, who is widow of deceased Sanjeev alias Munna Agrawal had filed claim petition for compensation for the death of her husband before the Motor Accidents Claims Tribunal, Dabra, which was registered as Claim Case No. 40/02. The Claims Tribnal dismissed the claim petition by, award dated 29.3.2003. From the perusal of the said award, it is clear that the Claims Tribunal while dismissing the claim petition has granted liberty to the present appellant to move appropriate application before Commissioner, Workmen's Compensation for award for the death of her husband and for redressal of her grievance. It also appears that Smt. Pushpa Bai and Madanlal were also the claimants before the Claims Tribunal along wi


















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