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Chanchalo Devi vs General Manager (Region) Food … on 29 January, 2018

2. The facts leading to filing of this appeal briefly stated are that Puri Ram, the
husband of the appellant during the course of his employment with Food
Corporation of India, while was handling the work of loading of food grains
from Shed-B at New Godown, Jammu to the Trucks on 10.10.2014,
suffered fatal injuries at low back as a result whereof he was rendered
permanently disabled owing to have lost sensation of both his limbs. His
disability was assessed as 100% by the Medical Board on 21.01.2015 and he

CIMA No.171/2017 1 of 7
died due to said injuries on 08.06.2015. The Manager Food Storage depot
(FSD for short) on 10.10.2014 itself intimated Area Manager of Food
Corporation of India regarding the accident vide its letter
No.FSD/NG/GCPT/2014/5955. Puri Ram initially remained admitted in
Govt. Medical College Hospital, Jammu and thereafter at Amandeep
Hospital, Amritsar and despite he remained bedridden, not even a single
penny was paid to him by his employer nor even any amount was deposited
with the Commissioner as against the statutory requirement of law as
provided under Section 4-A(2) of the Act. The representations of the office
bearer of Food Corporation of India Worker’s Union made from time to
time were also not considered and due to financial constraints and because
of he having suffered with Paraplegia with grade zero power in both lower
limbs with sensory loss and bowel and bladder involvement, he died as
stated above on 08.06.2015. The appellant claimed Rs.19.00 lacs as
compensation and interest at the rate of 12% thereupon from 10.10.2014,
the date when he suffered fatal injuries which rendered him permanently
disabled and also claimed that penalty be imposed upon the respondent for
having not paid the amount of compensation from the date, it fell due to
Puri Ram, now deceased. It is further stated that the Commissioner even did
not put the respondents to notice for showing cause before delivering the
judgment to show cause that as to why the penalty of an amount not
exceeding 50% of the amount of compensation be not imposed for not
paying the compensation to Puri Ram when it fell due. The Commissioner
failed to exercise the power as vested in it under Section 4-A(3)(b) of the
Act.

Source: IK



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Chanchalo Devi vs General Manager (Region) Food … on 29 January, 2018

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