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Judgment
P. Sam Koshy, J
The present appeal under Section 30 of the Employee's Compensation Act, 1923, has been filed by the appellants assailing the award dated
06.02.2012 passed by the Commissioner for Employee's Compensation, Labour Court, Korba (in short, the Commissioner) in case No.41/WC
Act/2010/Fatal. Vide the said impugned award, the Commissioner has rejected the claim application of the appellant-claimants.
The contention of the appellants is that the claim application has been rejected only on account of typographical error on the part of claimants while
moving claim application wherein instead of 30.06.2009 to be the date of accident, they have referred the date of accident as 01.07.2009 and
therefore, the accident could not be sufficiently proved before the Commissioner and the Commissioner has rejected the claim application.
The counsel for the appellants submits that the provisions of Employee's Compensation Act is a liberal piece of legislation and that the
Commissioner ought to have taken a more pragmatic view and practical approach and should have permitted the claimants to carry out necessary
amendment or correction to be made in the claim application so also in the pleadings with which the claim application would have been maintainable
and the family members of the deceased could have received the compensation which they were otherwise legally entitled for. He further submits that
there are sufficient material and document to prove the date of death of the deceased to have taken place on 30.06.2009 and not on 01.07.2009 and
that it was a pure typographical/clerical error which had occurred on the part of the claimants while moving claim application before the
Commissioner.
Given the facts and circumstances of the case, this court is of the opinion that ends of justice would meet if the impugned award dated 06.02.2012
is set aside and the matter is remitted back to the Commissioner for a fresh adjudication altogether with liberty to the claimants to carry out necessary
amendment and to establish their case by leading cogent evidence in support of their claim.
It is ordered accordingly.
The impugned award dated 06.02.2012 stands set aside and the matter is remitted back to the Commissioner, Labour Court, Korba for a fresh
adjudication.
Since the parties are present, they are directed to remain present before the Commissioner, Labour Court, Korba, on 06.02.2018 and thereafter the
Commissioner shall proceed and decide the matter afresh giving opportunity to the claimants to carry out necessary amendment in the claim
application and to lead appropriate evidence afresh, if any.