Judgment · High Court

Mr. Raju Datta, Advocate Mr. GS Das, Advocate Mr. Samar Das, Advocate HON’BLE MR. JUSTICE ARINDAM LODH Order 12/07/2022 Heard Mr. Raju Datta, learned counsel for the claimant-appellants. Also heard Mr. GS Das, learned counsel for the respondent no. 2 and Mr. Samar Das, learned counsel appearing for respondent no. 3. Mr. Raju Datta, learned counsel has submitted that the claimant- appellants had filed a claim application bearing case no. T.S. (EC) 02 of 2018 under Section 3 of the Employees Compensation Act, 1923 before the learned Commissioner, Employee’s Compensation, Udaipur, Gomati District. The said claim application has been dismissed by the learned tribunal on the ground that the appellants had failed to lay any evidence that they are the survivors/dependence of the deceased employee, namely, Prabesh Debnath. The learned tribunal while dismissing the application had observed thus:

…… But at the same time it is also the duty of the dependents family members of the deceased to make the Tribunal understand that they were dependents upon deceased in terms of being legal heirs or otherwise. In this regard the survival certificate of the deceased or the family ration card of the family of the deceased would have been very handy but the petitioner failed to adduce those documents before the Court.

Mr. Datta, learned counsel has further submitted that by this time the appellants have collected the survival certificate. In view of this, the matter is remitted back to the court of learned Commissioner, Employee’s Compensation, Udaipur, Gomati District for fresh trial. Consequently, the judgment and order dated 11.04.2022 passed by learned Commissioner, Employee’s Compensation, Udaipur, Gomati District in case no. T.S. (EC) 02 of 2018 stands set-aside. With the observation, the instant appeal stands disposed. . JUDGE Saikat