GANGARAM RAMBHAU DOIPHODE Vs. D KUMAR NAIDU

JUDGEMENT

(1.) By this First Appeal filed by the appellants under section 30 of the Workmen's Compensation Act, 1923 the appellants (original applicants) have impugned part of the judgment and award dated 12th October, 2012 passed by the learned Commissioner for Workmen's Compensation & Judge, 4th Labour Court, Mumbai.

(2.) The application filed by the appellants for compensation is rejected against the respondent no.2 i.e. I.C.I.C.I. Lombard General Insurance Company Limited. Claim for interest made by the appellants has not been awarded from the date of accident but has been awarded interest from the date of judgment and award dated 12th October, 2012 till the date of final realization of the entire compensation amount. By consent of the appellants and the respondent no.2, the First Appeal is decided finally at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under :

(3.) It was the case of the appellants that their son Sunil Gangaram Doiphode was mainly employed with the respondent no.1 since 2008 in the capacity of a motor dumper driver and was paid monthly salary of Rs.9,000/- per month excluding other allowances. On 10th July, 2010, as per the orders and directions of the respondent no.1, the said Sunil G. Doiphode loaded the rabbet in the dumper bearing registration No.MF-04-EB 7880 at Jawahar Nagar, Goregaon, Mumbai and unloaded the same in the business premises of the respondent no.1 at Vasant Vihar Society, Sarojini Naidu Road, Opposite B.M.C. Office, Kandivali (West), Mumbai. The said Sunil Doiphode reached at about 13.45 hours at the said premises and unloaded the said material. After unloading the said material, the said Sunil Doiphode was getting down from the driver's cabin from cleaner's side of the dumper, as there was no room or gap near the door of driver side. While doing so, due to the dumper the live wire cut off and fell down on the dumper and the said driver received electric shock and fail down and become unconscious on the spot. He subsequently died in the Bhagwati Hospital before admission. (Hereinafter referred to as the said deceased).