D.Pullamma Anr vs K.Adinarayana Anr
2022 Latest Caselaw 4063 AP

     THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                       C.M.A.No.804 of 2005

JUDGMENT:-

     Heard Smt Marella Radha, learned counsel for the appellants

and Sri Kotha Rama Mohan, learned Standing Counsel for SVVUT.


2.   The present Appeal is filed aggrieved by the Order dated

22.02.2005 in W.C.No.30 of 2003 passed by the Commissioner for

Workmen's Compensation & Assistant Commissioner of Labour-II

Circle, Guntur.


3.   The   Commissioner's    Workmen    has     dismissed   the   claim

application filed by the applicants-claimants on the ground that the

F.I.R. and post mortem report were not produced in order to prove

that the death.


4.   On the other hand, learned counsel for the appellants-

applicants stated that the death certificate was filed which was

issued by the Government of Karnataka dated 22.02.2003. This

aspect has not been considered by the Commissioner's Workmen

and erroneously dismissed the claim petition.


5.   On the other hand, learned counsel for the respondents

submitted that the Commissioner's Workmen has considered the

evidence and rightly dismissed the claim petition in accordance with

law. Hence, prayed to dismiss the present Appeal.

6. As seen from the record, the Commissioner's Workman has not

disposed of the claim application as per the Rules contemplated

under the Workmen's Compensation Rules, 1924 by issuing

summons to the witnesses to arrive a just decision. The procedure as

contemplated in the Rules is lacking in the present case. When the

Workmen's Compensation Act, is a beneficial legislation, it should

be given liberal interpretation and the evidence should not be

applied as in criminal cases. The evidence is on the basis of

preponderance of probabilities as in the case of civil cases and the

provisions must be interpreted in the way that its objectives are

achieved.

7. Therefore, this Court is inclined to set aside the Order dated

22.02.2005 in W.C.No.30 of 2003 and remand back the matter to the

Commissioner to consider afresh for proper disposal of the claim

application, as the Act is a beneficial legislation. The Commissioner's

Workmen is hereby directed to dispose of the claim application filed

by the appellants herein, within a period of two (2) months from the

date of receipt of a copy of the Order after considering the material

on record, in accordance with law. The appellants herein-claimants

are hereby directed to produce any evidence if any, available with

them and the same shall be considered by the Commissioner's

Workmen.

8. The Civil Miscellaneous Appeal is disposed of accordingly. No

costs.

Miscellaneous Petitions pending, if any, shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 18-07-2022 EPS

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

C.M.A.No.804 OF 2005

Date: 18-07-2022

EPS