High Court Of ChhattisgarhMA/435/2006disposed off

Daulal Kannoje And ORS. v. Rajendra Kumar

2017-11-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No.435 of 2006 Hariram S/o Shri Aasharam Kannauje, since died, hence through his legal representatives.

(a) Daulal Kannoje S/o Late Shri Hari Ram, aged 52 years. (b) Motilal S/o Late Shri Hari Ram, aged 48 years. (c) Prahlad Kumar S/o Late Shri Hari Ram, aged 44 years. (d) Hamesh Kumar S/o Late Shri Hari Ram, aged 36 years. (e) Mst.Bishahin Bai Wd/o Late Shri Hari Ram, aged 75 years. All are R/o Village Chherkapur, Tahsil Balodabazar, District Raipur (C.G.).

---Appellants

Versus

Rajendra Kumar S/o Shri Janakram, aged about 23 years, R/o village Chherkapur, Police Station Palari, Tahsil Baloda Bazar, District Raipur (C.G.).

---Respondent For appellants :

Shri M.D.Sharma, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/11/2017

1. Present is an appeal under Section 30 of the Workman Compensation Act, 1923 challenging the award dated 27/10/2004 passed by the learned Additional Commissioner, Workman Compensation Act, Labour Court, Raipur in Claim Case No. CatB-99/W.C.Act/99/N.F.

2. Vide the impugned award, the Tribunal in an injury case has awarded a compensation of Rs.71,724/-.

3. It is a case where the claimant-respondent No.1 has got his right hand amputed from the wrist portion as a result of the accident that occurred on 17/06/1999. The accident occurred

when the injured was cutting the straw from the machine which was installed in the field of the present appellant.

4. The appeal is of the year 2006 and perusal of the record show, that there was no interim relief passed in favour of the present appellant and the learned counsel appearing for the appellant fairly submits, that the amount has already been disbursed to the claimant.

5. Taking into consideration the nature of the injury and the amount of compensation this Court does not find any good reason to entertain the appeal at this juncture after more than 11 years from the date of filing of the appeal.

6. The appeal thus stands disposed off.

Sd/- (P. Sam Koshy) Judge Sumit