Madhya Pradesh High Court
Smt. Kanan Jana vs General Manager Vehicle Factory on 7 September, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 7th OF SEPTEMBER, 2022
MISC. APPEAL No. 1631 of 2002
BETWEEN:-
SMT. KANAN JANA, W/O LATE SHRI RAJNI
KANT JANA, R/O SEC-2, Q.NO.1611, V.F.J.,
JABALPUR (MADHYA PRADESH)
.....APPELLANT
(NONE )
AND
GENERAL MANAGER VEHICLE FACTORY,
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SMT. KANAK GAHARWAR, ADVOCATE)
This appeal coming on for hearing on this day, the court passed the
following:
ORDER
This miscellaneous appeal is filed by the claimant/appellant under Section 30 of the Workmen's Compensation Act, 1923 being aggrieved of order dated29/06/2002 passed by Commissioner, Workmen's Compensation Act/Labour Court No.1, Jabalpur in Case NO.58/99 Non-fatal whereby learned Labour Court has rejected application seeking compensation under the provisions of the Act of 1923 Brief facts of the case are that claimant- Rajnikant Jana had met with an accident on 26/11/1994 and he had fallen down from his bicycle inside the Signature Not Verified SAN campus. Thereafter he was taken for treatment to Vehicle Factory Hospital and Digitally signed by TULSA SINGH then Military Hospital. It is admitted by wife of the claimant namely Smt. Kanan Date: 2022.09.07 19:35:45 IST 2 was examined before the Labour Court. She admitted that her husband had resumed duty after being declared fit on 05/09/1995. She further admitted in her cross-examination that in June, 1991 also her husband had suffered a paralytic attach.
However, the claim of the appellant is that in the year 2000 he was boarded out of an employment on account of his suffering from disease of paralysis which had direct nexus to the accident which took place on 26/11/1994 for which he was treated at Silver Oak Hospital, Napier Town, Jabalpur, therefore, there being direct nexus between the accident and the cause of discharge, he was entitled to compensation.
Nobody is appearing for the appellant.
Nobody had appeared for the appellant on 12/05/2022 also. However, taking this aspect into consideration that Workmen's Compensation Act is a beneficial legislation, matter is perused with the help of learned counsel for the respondent and on perusal of the appeal memo, annexed documents and the record of the Labour Court, it is evident that wife of the claimant Smt. Kanan Jana has admitted that deceased-Rajnikant Jana was suffering from high blood-pressure and diabetic, this is made out from the certificate (Annexure-P/4) dated 21/06/2001 issued by Silver Oak Hospital, Jabalpur and she had further admitted that in the year 1991 also late Shri Rajnikant Jana had suffered paralysis stroke.
In view of such facts when no cogent medical evidence was produced to co-relate the injuries sustained by the deceased-Rajnikant Jana on 26/11/1994 Signature Not Verified being responsible for paralysis suffered by employee, then in absence of any SAN close nexus between the two and any co-relation between two, claim for Digitally signed by TULSA SINGH Date: 2022.09.07 19:35:45 IST compensation has been rightly rejected, it cannot be treated to be arbitrary or 3 illegal.
Accordingly, the appeal fails and is hereby dismissed. Record of the Tribunal be sent back immediately.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2022.09.07 19:35:45 IST