SUPERINTENDING ENGINEER PARAMBIKULAM ALIAR Vs. ANDAMMAL

JUDGEMENT

(1.) THIS is an appeal at the instance of the Super-intending Engineer, Parambikulam Aliar Project, against the order of the Additional Commissioner for Workmen's Compensation, Coimbatore, dated 18th June, 1980, in W. C. 31 of 1980, awarding compensation in a sum of Rs. 18,000/- to the respondent herein for the death of her husband. The deceased husband of the respondent, one Arulswami, was employed as a Luskar in the Ponneri branch canal of Udumalai canal between kilometres 12 and 15 and it was his duty to regulate the flow of water in the branch canal by operating upon the sluices and shutters under the directions of the Junior Engineer in charge of Udumalai canal. On 30th September, 1978, Arulswami addressed a letter to the Junior Engineer drawing his attention to the cutting of the canal bank near the left branch canal of Udumalai canal near survey No. 203, in East Thanthoni village at the instance of one Arumugha Gounder and stating that as a result of that it was difficult for men to walk along the bank and also to use cycles. Arulswami had also requested that suitable action should be taken regarding this. Again, Arulswami had addressed another letter to the Junior Engineer informing him that the flow of water had been obstructed in the right branch canal and after removing the bricks in the bank, water had been made to overflow in Kannimar pond and therefrom the owners of survey No. 205 and 114 in Thanthoni village were irrigating their fields with water, with the result that the cultivators in the lower reaches of the canal had been affected besides resulting in damage to the canal bank. A personal inspection by the Junior Engineer had been requested for taking further action. While matters stood thus, on 13th October, 1978, Arulswami had met the Junior Engineer at 7. 30 a. m. and informed him of what had happened and requested him to come in person and do the needful as some persons were obstructing him in discharge of his duties. Thereupon, the Junior Engineer directed Arulswami to do his duty and assured him that he would come there in person and pursuant to the oral orders of the Junior Engineer, Arulswami went about performing his duty in the matter of regulating the water in the canal by opening and closing the shutters and sluices, and finally, when he went to the sluice where there was some trouble referred to earlier he was done to death. Alleging that Arulswami met with his death in the course of his employment and also out of his employment and that he was earning a sum of Rs. 210/- per mensem at the time of his death the respondent herein filed W. C. No. 31 of 1980 before the Additional Commissioner for Workmen's Compensation, Coimbatore, praying for payment of compensation in a sum of Rs. 18,000/ -.

(2.) THIS application was resisted by the appellant herein on the ground that though the deceased Arulswami was employed by the department as a Luskar and he had also put in more than 7 1/2 years of service on the date of his death on 13th October, 1978, Arulswami was found floating in the canal and on a complaint made to the police since some injuries were found on his head, it was reported that it was a case of accident death and that the claim for compensation in a sum of Rs. 18,000/- made by the respondent alone without disclosing the children, cannot be entertained.

(3.) BEFORE the Additional Commissioner for Workmen's Compensation, the respondent alone was examined in chief, and she was not even cross-examined by the appellant. On a consideration of the materials made available, the Additional Commissioner for Workmen's Compensation, Coimbatore, found that Arulswami succumbed to death owing to an assault by some people who were inimically disposed towards him in connection with his employment in the release of water for the purpose of irrigation and that he died due to an accident which arose out of and in the course of his employment. Since the deceased was in the wage group of Rs. 200/- to Rs. 300/- the Additional Commissioner for Workmen's Compensation, Coimbatore, proceeded to award a sum of Rs. 18,000/- to the respondent in accordance with Schedule IV of the Workmen's Compensation Act. It is the correctness of this order that is challenged in this civil miscellaneous appeal.