NEERA BAI SAHU Vs. PAWAN KALWANI

JUDGEMENT

(1.) Appellants/Claimants have filed this appeal under the provisions of Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'E.C. Act') (prior to 18.01.2010 known as Workmen's Compensation Act) challenging the impugned order/judgment dated 16.04.2014 passed by the Commissioner for Employees' Compensation Act, Labour Court, Bilaspur, Chhattisgarh (hereinafter referred to as 'Commissioner') in Case No.45/W.C.Act/2009 Fatal Claim, whereby the learned Commissioner dismissed the application filed under Section 10 of the E.C. Act.

(2.) Facts relevant for disposal of this appeal, are that, on 15.06.2008, at about 9.30 AM, Bhupendra Sahu and Kesar Bai went on first floor of building to bring the wood near under-construction lift area. They fell down along with the false ceiling of floor and suffered grievous injuries. They were taken to hospital, where doctors have declared Bhupendra Sahu dead.

(3.) Appellants/Claimants filed an application under Section 10 of the E.C. Act before learned Commissioner pleading therein that they are widow and children of late Bhupendra Sahu. On the date of accident i.e. 15.06.2008, deceased was working at under-construction building at Om Shanti Sarowar Saddu, Raipur (non-applicant No.2) as Mason in under construction lift area. At the place of work, Bhupendra Sahu, Kaushilya and Kesar Bai were working. For their work, they felt requirement of wood. Deceased and Keshar went to bring the wood, but due to lack of proper safety measures and lack of light, Bhupendra Sahu and Kesar Bai fell down along with other articles. Both of them suffered grievous injuries. They were taken to Mekahara Hospital where Bhupendra Sahu was declared dead. The matter was reported to concerned Police Station, based upon which, crime was registered. They pleaded that deceased was 30 years of age, working as Mason and earning Rs.3,750/- per month, Rs.1,500/- towards allowance; making the total monthly earning of Rs.5,250/- and claimed Rs.4,15,960/- as compensation.