P.J. SARAMMA (DIED) Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) The second opposite party in W.C. case No.69 of 2008 on the file of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kottayam is the appellant herein. The mother dependant-legal heir of deceased Shaji filed the claim for compensation for the death of her son Shaji occurred on 4.12.2005 while he was employed under the opposite party. The first opposite party was a contractor under the second opposite party. The second opposite party was the principal employer who had entrusted the first opposite party/contractor, the work of digging cable trench at Manimala. The first opposite party employed deceased Shaji for that purpose. On 4.12.2005 at about 3 p.m. after completion of his work, deceased Shaji went with other workers to the nearest Manimala River for taking bath and cleaning cloths and while taking bath in the river, he drowned and died. The body was recovered from the river on the next day. The death occurred during the course of employment under the first opposite party. The first opposite party provided accommodation to the deceased and the other workers for stay after their work, but for the employment under the first opposite party, he would not have reached that place. So the doctrine of notional extension of employment is applicable in this case. The deceased was aged 30 years and drawing Rs.300/- per day as daily wages. The claimant claimed Rs.4,15,960/- as compensation.

(2.) After conducting preliminary enquiry, the commissioner found that there was prima facie case and the delay in filing the application was condoned as it was within the time limit and the applicant was temporarily exempted from remitting court fee and decided to proceed with the case and issued notice to the opposite parties.

(3.) Though notice was served on the first opposite party, he did not appear and remained absent.