MAROTI Vs. EXECUTIVE DIRECTOR, SHRI SAIBABA SUGAR FACTORY

JUDGEMENT

(1.) This appeal takes exception to judgment and order dtd. 21/2/2022, passed by the learned Commissioner, Workmen Compensation Act and Judge, Labour Court, Latur, in W.C.A. No.25 of 2015, by which the said proceedings were dismissed.

(2.) Appellants herein are legal heirs of one Sirsala, a labour, engaged in sugar cutting. On account of death of Sirsala, they set up a case that, deceased was engaged for sugar cutting by respondent no.2 in the field of respondent no.4 for the period from 24/4/2014 to 26/4/2014. On 27/4/2014, sugarcane cutting activity was to be commenced in another field and therefore, on the say of respondent no.2, labours including deceased spent night on the field of respondent no.4. At around 7:30 a.m., when deceased went towards the well to fetch water, she fell and died due to drowning. A specific case of appellants is that, deceased was working as a labour at the instance of respondent no.1, 2 and 4. The Truck, which was deployed for the activity, over which deceased worked as a labour, was insured by respondent no.3 and as such, all respondents are jointly and severally responsible to pay compensation of Rs.7,88,240.00 to the claimants i.e. heirs of deceased.

(3.) The above claim was contested by respondent nos.1 and 3. Respondent no.2 appeared but did not file written statement. Respondent no.4 refrained appearing and contesting the matter. In written statement, respondent no.1 put up a case that they are not liable to pay any compensation as deceased did not met death while undertaking any activity. They also denied engagement / contractual engagement of deceased so as to make them liable to pay compensation and finally urged to dismiss the claim.