VIJAY SUBHASHRAO GHAVGHAVE Vs. RADHA NIRANJAN TEKMA

JUDGEMENT

(1.) Considering limited controversy the matter is taken for final disposal. Heard learned Counsel for the appellant. Respondents' Counsel absent despite opportunity.

(2.) The appellant's challenge is to the judgment and order dated 17.06.2014 passed in W.C.A. No. 4 of 2011 by which joint liability was fastened on applicant to pay compensation to the tune of Rs.7,47,750/- in terms of Section 3 of the Employee's Compensation Act , 1923 (for short "the 1923 Act").

(3.) Briefly stated respondent nos. 1 to 5 who were the legal heirs of deceased workman Niranjan, had filed a claim in the Labour Court for grant of compensation to the tune of Rs.6,11,550/- alongwith interests on account of death of Niranjan in an accident arising out of and in the course of his employment. Deceased Niranjan was working as a Coolie on the Tractor owned by respondent no.6 Shankarrao Manne (Original Non-applicant no.1). Niranjan was in the regular employment of the respondent no.6 on wages of Rs.250/- per day. On 16.03.2011, Niranjan attended his duty as a Coolie on the Tractor owned by respondent no.6. On that day, respondent no.6 instructed Niranjan to attend the quarry of appellant Vijay Ghavghave (Original Non-applicant no.2) for lifting and loading metal stones (Gitti). Accordingly, Niranjan alogwith the Tractor driver went to the stones quarry owned by the appellant. While he was in the quarry, the foundation wall of the stones crusher machine suddenly collapsed upon Niranjan in which he was buried, and consequently died. It is the case of the legal heirs of deceased workman Niranjan that, at the time of death Niranjan was 32 years of age. Accidental report was lodged to concerned police station. Since, Niranjan was earning Rs.250/- per day, the claim was raised to the tune of Rs.6,11,550/- alongiwth interests.