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S.TALAPATRA
Rirasatnai Halam, wife of late Jaharthoi Halam – Appellant
Versus
State of Tripura, represented by the Secretary – Respondent
1. Heard Mr. Somik Deb, learned counsel appearing for the appellant as well as Mr. M. Debbarma, learned Addl. GA appearing for the respondents.
2. This is an appeal under Section 30 of the Employee’s Compensation Act, 1923 from the judgment and order dated 28.01.2015 passed by the Commissioner, Employees Compensation, West Tripura, Agartala in TS (EC) No.17 of 2013.
3. The claim for compensation under Section 4 of the Employee’s Compensation Act, 1923 was filed for death of the husband of the claimant-appellant namely, Jaharthoi Halam who according to the appellant died in the course of or out of the employment. The essential fact that needs to be vitiated is that Jaharthoi Halam, husband of the appellant was a labourer working under the Mahatma Gandhi National Rural Employment Guarantee Act (in short, MGNREGA). On 17.12.2011 he was engaged by the respondent No.4 for working on the land of Dukhaia Siem. On 23.12.2011 at about 8 a.m. the deceased started working but suddenly he felt pain in his chest and immediately thereafter he collapsed and fell on the ground. By the other labourers who were working in the field of Dukhaia Siem took him to the Kulai hospital where
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