Dismissed

Md. Amin v. Tejram Seth and Others

Chhattisgarh HC18 Sept 2017MAC/298/2010

Case brief

AI extract

What is this about?

Both the employer's appeal against the award of penalty and the insurance company's appeal against compensation liability were dismissed as having abated due to the death of the claimant, with no legal representative impleaded despite a delay of over two and a half years.

What did the court decide?

Both appeals dismissed as they had abated due to the death of the claimant without impleading legal representatives.

Md. Amin Vs Tejram Seth and Others — Execution and Attachment | Chhattisgarh HC (2017)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

Order Sheet

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MAC No.298 of 2010

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Md. Amin S/o Hazi Md. Harun, Proprietor Baba Rice Mill, Bade Dongar Road, Farasgaon, Distt.-Bastar (CG).

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---- Appellant

¶6

Versus

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Tejram Seth S/o Pooranchandra Seth, aged about 46 years, R/o Baghanpali, Police Station Balangir, Distt. Balangir (Orissa).

¶8

Gopinath Malik, S/o Siddhi Malik, aged about 35 years, R/o Dabhar, Police Station Gop, Distt. Puri (Orissa).

¶9

The National Insurance Co. Ltd. Branch Jagdalpur Near Head Post Office, through The Assistant Manager,3rd T.P.Cell, B-1, Taha Complex, Priyadarshini Nagar, Bilaspur.

¶10

---- Respondents

¶11

And

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MAC No. 687 Of 2009

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The National Insurance Co. Ltd. Branch Jagdalpur Near Head Post Office, through The Assistant Manager,3rd T.P.Cell, B-1, Taha Complex, Priyadarshini Nagar, Bilaspur.

¶14

---- Petitioner

¶15

Versus

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Tejram Seth S/o Pooranchandra Seth, aged about 43 years, R/o Baghanpali, Police Station Balangir, Distt. Balangir (Orissa).

¶17

Md. Amin S/o Hazi Md. Harun, Proprietor Baba Rice Mill, Bade Dongar Road, Farasgaon, Distt.-Bastar (CG).

¶18

Gopinath Malik, S/o Siddhi Malik, Caste Kenwat, aged about 35 years, R/o Dabhar, Police Station Gop, Distt. Puri (Orissa).

¶19

---- Respondents

¶20

18/09/2017	Shri Ankur Agrawal and Shri Rajat Agrawal, Advocates for the respective appellants. Shri Goutam Khetrapal, Advocate for respondent No.3-National Insurance Co.Ltd.
	The two appeals have been filed by the employer as well as the insurance company assailing the award dated 29.09.2008 passed by the Commissioner for Workmen's Compensation, Labour Court, Jagdalpur, in Case No.92/WC Act/Fatal/1/2006. MAC No.298 of 2010 is an appeal by the employer assailing the award of penalty whereas, MAC No.687 of 2009 is an appeal by the insurance company assailing the liability fastened upon it for making payment of compensation.

18/09/2017

Shri Ankur Agrawal and Shri Rajat Agrawal, Advocates for the
respective appellants.
Shri Goutam Khetrapal, Advocate for respondent No.3-National
Insurance Co.Ltd.

The two appeals have been filed by the employer as well as the
insurance company assailing the award dated 29.09.2008 passed by the
Commissioner for Workmen's Compensation, Labour Court, Jagdalpur, in
Case No.92/WC Act/Fatal/1/2006.
MAC No.298 of 2010 is an appeal by the employer assailing the award
of penalty whereas, MAC No.687 of 2009 is an appeal by the insurance
company assailing the liability fastened upon it for making payment of
compensation.

¶21

The appeal of the insurance company was admitted as early as on
19.01.2010. Pending the appeal, the claimant i.e. Tajram Seth had died on 13.10.2012 and an intimation in this regard was also brought to the notice of both the appellants as is evident from order sheet dated 27.01.2014. Though more than 2 and ½ years have been passed since 27.01.2014, till date none of the respondents have taken any steps for brining LR's of the deceased respondent No.1 on record. In view of the same, this court is inclined to dismiss both the appeals of having abated. The appeals are accordingly dismissed as having abated. Any interim relief granted by this court in these two appeals, in
between, would get merged with this order and as a consequence would stand vacated. Sd/- (P. Sam Koshy) Judge

The appeal of the insurance company was admitted as early as on

19.01.2010. Pending the appeal, the claimant i.e. Tajram Seth had died on
13.10.2012 and an intimation in this regard was also brought to the notice of
both the appellants as is evident from order sheet dated 27.01.2014. Though
more than 2 and ½ years have been passed since 27.01.2014, till date none
of the respondents have taken any steps for brining LR's of the deceased
respondent No.1 on record.
In view of the same, this court is inclined to dismiss both the appeals of
having abated.
The appeals are accordingly dismissed as having abated.
Any interim relief granted by this court in these two appeals, in

between, would get merged with this order and as a consequence would
stand vacated.

Sd/-
(P. Sam Koshy)
Judge

¶22

Inder

Md. Amin v. Tejram Seth and Others

Case brief

What is this about?

What did the court decide?

Md. Amin v. Tejram Seth and Others

Case brief

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