The Executive Engineer, ... vs Smt. Avudurthi Vijaya Anr
2023 Latest Caselaw 112 Tel

              THE HON'BLE SRI JUSTICE M.LAXMAN

       CIVIL MISCELLANEOUS APPEAL No.846 of 2007

JUDGMENT:

1. The present Civil Miscellaneous Appeal has been directed

against the Order dated 27.01.2007 in W.C.No.34 of 2006 on the

file of the learned Commissioner for Workman's Compensation

and Assistant Commissioner of Labour, Karimnagar wherein and

whereby compensation of Rs.3,38,880/- was granted along with

interest and costs. Aggrieved by the same, the appellant herein,

who was the opposite party before the Commissioner, preferred

the Appeal.

2. Heard.

3. The main grievance of the appellant was that the deceased

employee opted the fundamental rules framed by the State and as

such, he is not entitled to claim compensation under the

Workmen's Compensation Act, 1923 (for short, "the Act"). It is

stated that the employee is governed by service rules and death

benefits under the said rules were already granted to him. Hence,

prayed to dismiss the Appeal.

4. This Court by Order dated 13.09.2007 in C.M.A.No.547 of

2007 adverted to the said contention holding that there is no bar

to claim compensation under the Act even though the employee is

governed by the fundamental rules of service framed by the State.

Therefore, this Appeal is devoid of merits and liable to be

dismissed.

5. Accordingly, the Civil Miscellaneous Appeal is dismissed. No

costs.

Miscellaneous Petitions, pending if any, shall stand closed.

______________________ JUSTICE M.LAXMAN 05.01.2022 ESP

THE HON'BLE SRI JUSTICE M.LAXMAN

CIVIL MISCELLANEOUS APPEAL No.846 of 2007

Dated: 05.01.2023

ESP