PUBLIC WORKS DEPARTMENT Vs. KANTI DEVI & ORS

JUDGEMENT

(1.) C.M.No.29789/2016 (Delay) in FAO 394/2016 C.M.No.29847/2016 (Delay) in FAO 397/2016

(2.) In the above captioned two appeals, one Ram Nath Sharma, who was driver on the road roller, and Babu Lal, who was a helper on the said road roller, had sustained injuries by burns in a freak accident, which took place on 11th August, 2013. The manner in which the accident took place need not be spelt out in detail. It would suffice to note that a motorized trolley (Tralla) was being driven in a negligent manner and it struck against a Charcoal Tank, which was having boiling charcoal in it and due to the collision of the trolley with the Charcoal Tank, the boiled liquid charcoal fell on Ram Nath Sharma and Babu Lal. The injuries to Ram Nath Sharma proved fatal whereas the injured Babu Lal sustained burn injuries on the upper limb of his body resulting in 20% of permanent disability.

(3.) Learned counsel for appellant submits that the grounds on which the impugned orders are assailed are on common and, so both these appeals were heard together and are being disposed of by this common judgment.