Rakesh Jain vs Smt. Laxmin Bai
2025 Latest Caselaw 1385 Chatt

Chattisgarh High Court

Rakesh Jain vs Smt. Laxmin Bai on 23 January, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                MAC No. 2312 of 2024

     •      Rakesh Jain S/o Latge Shri Bhagchand Jain Aged About 60 Years Rail-
            way Contractor, R/o Jagmal Chowk, Tikrapara, Bilaspur, Tahsil And Dis-
            trict Bilaspur, Chhattisgarh. --- (Non Applicant).
                                                                        ... Petitioner
                                         versus


     1. Smt. Laxmin Bai W/o Late Bhugol Das Aged About 31 Years R/o
        Naraibodh, Bich Basti, Ward No. 57 Gewra Basti, Korba, Tahsil And
        District Korba, Chhattisgarh.
     2. Minor Harikesh S/o Late Bhugol Das Aged About 14 Years R/o
        Naraibodh, Bich Basti, Ward No. 57 Gewra Basti, Korba, Tahsil And
        District Korba, Chhattisgarh.
     3. Minor Abhishek S/o Late Bhugol Das, Aged About 12 Years R/o
        Naraibodh, Bich Basti, Ward No. 57 Gewra Basti, Korba, Tahsil And
        District Korba, Chhattisgarh.
                                                                       --- Claimants
     4. South-Eastern-Central Railway, through the General Manager, South-
        Eastern-Central Railway, Bilaspur, Near Railway Station, Bilaspur, District
        Bilaspur, Chhattisgarh. --- (Non-Applicant).
                                                                    ... Respondents

Order on Board

23/01/2025 Mr. Somnath Verma, Advocate for appellant.

Heard.

PAWAN KUMAR JHA This appeal is admitted on the following substantial question of Digitally signed by PAWAN KUMAR JHA

law:

"Whether the Commissioner under the Employees Compensation Act erred in not deducting the amount of compensation received by Respondent No. 1/ claimant from the employer while passing the impugned award?"

Issue notice to respondent on payment of process fee, as per rules. Notice be made returnable within three weeks.

Also heard on I.A. No. 01/2024, application for grant of stay of execution of judgment.

Learned counsel for appellant submits that there is admission of AW-1/ Respondent No. 1 in her deposition that non-applicant No. 1 therein/ Contractor has paid Rs. 1,50,000/- which was not adjusted in the amount of award passed by the Commissioner, Employees Compensation Act and referred to deposition of AW-1 in support of his contention.

On due consideration of the submission made by learned counsel for appellant as also the record of Case No. 22/EC Act/2016 (Fatal) under the Employees Compensation Act, purely as an interim measure, it is directed that the amount of Rs. 1,50,000/- shall not be disbursed to the appellant till the next date of hearing.

List this case after four weeks.

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) Judge

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