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High Court Of ChhattisgarhMA/25/2002dismissed

Regional Director, E.S.I.Corp. v. Shrawan Kumar Gupta And Others

2017-09-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT of CHHATTISGARH, BILASPUR Misc. Appeal No. 25 of 2002 Regional Director, Employee State Insurance Carp, Panchdeep Bhawan, Nanda Nagar, Indore ---- Appellant

Versus

1. Shrawan Kumar Gupta S/o late Musai Prasad, Cashier, MPSRTC Carpo. Bilaspur, at present R/o near bus stand, Q. No. 25/100 Karbala road, Bilaspur

2. Lakhanlal Chandra S/o not known, Driver MPSRTC Carpo. Sub Depo - Sarangarh, District Raigarh

3. Depo Manager MPSRTC, Raigarh (CG)

4. Managing Director MPSRTC, Head Office Babib Gang Bhopal (MP)

5. Depo Manager MPSRTC, Bilaspur (CG) ---- Respondents For Appellant :

None Hon'ble Shri Justice P. Sam Koshy Order On Board 04/09/2017 Considering the fact that the appeal is of the year 2002 and the matter is pending consideration before this Court for a period of more than 15 years, this Court proceedes to decide the case on merits. 2.

All the contentions which have been put forth by the appellant in the memo of appeal have all been dealt by the Tribunal on merits after due framing of issues and after due deliberation has decided the case on merits. Further what also reflects from the impugned award is the fact that the amount

of compensation awarded by the Tribunal is also a meager amount of Rs.17,000/- with interest.

3.

Thus, the quantum of amount involved being too meager an amount this Court is not inclined to keep the appeal pending. Further what is also relevant at this juncture is that the appeal was filed in the year 2002 and till date it has not even been admitted and it was order to be listed for final hearing.

4.

Having considered the entire facts and circumstances of the case, this Court is of the opinion that no strong case is made out calling for an interference with the impugned award. The appeal thus deserves to be and is accordingly dismissed.

5.

However, it is made clear that the finding of the Court below and any observation made by this Court in this order would not be permitted to be used as a precedent.

Sd/- (P. Sam Koshy) JUDGE Bhola