MANJU CHAUHAN Vs. GUDDI DEVI & 4 ORS.

JUDGEMENT

(1.) Heard, Ms. Vina Gupta, learned counsel for the appellant and Shri M.K. Dixit, learned counsel for the respondents.

(2.) The instant First Appeal From Order under Section 30 of The Workmen's Compensation Act, 1923 (here-in-after referred as the Act of 1923) has emanated from the judgment and award dated 22.01.2004 passed in Case No.13/5/3/3/3/1/25 under Section 22 of the Act of 1923 by the Workmen's Compensation Commissioner/Collector, Kheri (here-in-after referred as the Commissioner).

(3.) As borne out from the pleadings the deceased Shyam Narain, husband of the respondent no.1 and father of the respondents no.2 to 5 had suffered serious injuries in an accident by the engine and died. An application for compensation was filed by the respondent-claimants under Section 22 of the Act of 1923 being legal heirs of the deceased Shyam Narain alleging therein that the deceased Shyam Narain S/o Sambharu was a mechanic of engine and used to do the repairing of engines. The appellant Manju Chauhan came to the deceased Shyam Narain on 15.06.1996 and requested to him for repairing of his engine. So, the deceased went to his place for working in his employment and as he started the engine after repairing, one wheel of the engine was broken in three parts due to manufacturing defect from which the deceased got serious injuries. The appellant got him admitted in the district hospital and after primary treatment he was advised for treatment in Lucknow. So, he was taken to Gandhi Memorial Associated Hospital, Lucknow where Shyam Narain died on 17.06.1996 at 09:40 in the morning.