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2015 Supreme(Tri) 211

DEEPAK GUPTA
Gouranga Das – Appellant
Versus
Head Geo-Physics, ONGC Limited – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. P. Roy Barman, Advocate, Mr. S. Bhattacharji, Advocate, Mr. K. Nath, Advocate.
For Respondents 1 to 5:Mr. S.K. Deb, Sr. Advocate, Mr. P.B. Dhar, Advocate.
Respondent No. 6:Mr. D.R. Choudhury, Advocate, Mr. D. Deb, Advocate.

JUDGMENT

All these applications are being disposed of by a common order since the facts involved are identical.

2. Briefly stated, the facts of the case are that as many as nine petitions were filed before the Commissioner, Workmen Compensation. The claim petitions were allowed but the Commissioner, Workmen Compensation while making the award has deducted certain amount which had been paid by the opposite parties. The dependants filed the appeals claiming that the Commissioner was not entitled to make such deductions from the awarded amount.

3. All the dependants filed one joint appeal being MFA(W/C) 23 of 2007 and this appeal was admitted on 30.11.2007 on the following substantial question of law :

“Whether the amount of compensation awarded can be reduced by the amount received by the legal heirs of the deceased under the Group Insurance Scheme relating to the workman?”

Notices were served on respondent No.6 in the year 2014. Thereafter the matter came up before this Court on 11.12.2014 when learned counsel for the appellants requested for an adjournment. Mr. S. Deb learned senior counsel rightly submits that on that date he had raised an objection that a joint appeal was not maintain





















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