Dismissed

Shamrao Totarao Bedse v. Divl.Controller, M.S.R.T.C.Dhule and Anr.

Bombay HC9 Jul 2009FA/706/2009

Case brief

AI extract

What is this about?

The court dismissed the appellant's appeal in a workmen's compensation matter involving a conductor who suffered disablement in an accident. The judgment affirmed the Labour Court's award of Rs. 76,821/- and noted the appellant was at liberty to pursue other remedies.

What did the court decide?

The appeal was dismissed, upholding the Labour Court's award of Rs. 76,821/-

Shamrao Totarao Bedse Vs Divl.Controller… — Labour and Industrial Disputes | Bombay HC (2009)

¶1

¶2

FARAD CONTINUATION SHEET NO.

¶3

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD

¶4

FIRST APPEAL NO.706 OF 2009

¶5

--------------------------------------------------

¶6

Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders

¶7

Mr. S.B.Madale, Advocate, h/f
Mr. N.B.Suryawanshi, Adv., for
the appellant.

¶8

...

¶9

 CORAM : K.U. CHANDIWAL, J.
 DATED : 9th July, 2009

¶10

...

¶11

P.C.:-

¶12

1. Heard learned Counsel for the appellant. In an
unfortunate accident, Conductor, born on
1.6.1957, drawing a salary of more than Rs.
3,000/- suffered 30 per cent permanent
disablement. The gravity of disablement was so
high that, his services have been terminated
w.e.f. 10.6.1996 on the ground of unfitness.
This clearly indicates the traumatic position
the appellant has undergone for loss of his
employment. His claim before the learned
Commissioner for Workmens Compensation, Labour
Court has been taken into consideration in
terms of age factor being 35 years, application
of the scale available and multiplier.
Consequently, the learned Judge has reached a
conclusion of entitlement to the extent of Rs.
98,530/-, and has made deductions of Rs.

¶13

¶14

21,709/-, the amount already received by the
appellant. The award of Rs.76,821/-, in the
situation, is in terms of provisions of
Workmens Compensation Act. Needless to add,
since the appellant, a Conductor with the
Department, having lost his employment, not
because of his fault but due to the accident
during the course of employment, is at liberty
to pursue his other remedies. The appeal is
dismissed.

¶15

(K.U. CHANDIWAL)

¶16

agp/fa706-09

Shamrao Totarao Bedse v. Divl.Controller, M.S.R.T.C.Dhule and Anr.

Case brief

What is this about?

What did the court decide?

Shamrao Totarao Bedse v. Divl.Controller, M.S.R.T.C.Dhule and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishnabai W/O Rangnath Shinde and Others Vs Pandurang Rama Andhare.

Pralhad Ramu Bhoite. Vs the State of Mah.Thro.Collector.

State of Maha Vs Shivaji Bapurao Hangarge

Kondabai Karbhari Garje and Another. Vs Bhima Shama Garje and Others.

Himmatrao Wamanrao Ambhore. Vs Raghwansh Shrifa Habib Mahasan (L.Rs.)Alvi and Ors.

Bhagwan Rambhau Dhumal and Anr. Vs M.S.R.T.C. Thr Div. Controller, Latur and 2 Ors.