PATEL ROADWAYS LTD Vs. KALLO

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 by the employer impugning the judgment of the Commissioner dated 19.11.2007 which has allowed the claim petition filed by the respondents/claimants, the dependents of the deceased Satya Pal.

(2.) The facts as pleaded before the Commissioner were that the deceased Sh. Satya Pal was working with the appellant i.e M/s Patel Roadways Limited at Chkamberpur at UP Border as a loading and unloading labourer at a salary of Rs.1500/- per month. In the last week of March, 1993 there was a fire due to the explosion of some inflammable acid causing severe burn injuries to the deceased Satya Pal. The body of the deceased Satya Pal was handed over to the relatives/friends of the deceased by the hospital authorities. The deceased was said to be 23 years at the time of his death. It was pleaded that the deceased employee Sh. Satya Pal died in an accident arising out of and in the course of employment and a notice under Section 10 of the Act dated 27.1.1994 was sent, which failed to yield any result and therefore the subject claim petition was filed.

(3.) I may note that originally the widow and the father of the deceased Satya Pal namely Smt. Shrishta and Sh. Nathu Ram were claimants no.1 and 2 before the Commissioner but their names were deleted during the pendency of proceedings before the Commissioner. Insurance company, and which is the respondent no.2 herein was also a respondent before the Commissioner.