GENERAL MANAGER Vs. P J SARAMMA & OTHERS

JUDGEMENT

(1.) The second opposite party in W.C. case No.69 of 2008 on the fileof the Commissioner for Workmen's Compensation (Deputy LabourCommissioner), Kottayam is the appellant herein. The motherdependant-legal heir of deceased Shaji filed the claim forcompensation for the death of her son Shaji occurred on 4.12.2005while he was employed under the opposite party. The first oppositeparty was a contractor under the second opposite party. The secondopposite party was the principal employer who had entrusted the firstopposite party/contractor, the work of digging cable trench atManimala. The first opposite party employed deceased Shaji for thatpurpose. On 4.12.2005 at about 3 p.m. after completion of his work,deceased Shaji went with other workers to the nearest Manimala Riverfor taking bath and cleaning cloths and while taking bath in the river,he drowned and died. The body was recovered from the river on thenext day. The death occurred during the course of employment underthe first opposite party. The first opposite party providedaccommodation to the deceased and the other workers for stay aftertheir work, but for the employment under the first opposite party, hewould not have reached that place. So the doctrine of notionalextension of employment is applicable in this case. The deceased wasaged 30 years and drawing Rs.300/- per day as daily wages. Theclaimant claimed Rs.4,15,960/- as compensation.

(2.) After conducting preliminary enquiry, the commissionerfound that there was prima facie case and the delay in filing theapplication was condoned as it was within the time limit and theapplicant was temporarily exempted from remitting court fee anddecided to proceed with the case and issued notice to the oppositeparties.

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