CHANDRAKANT Vs. SUDHAMATI

JUDGEMENT

(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 against impugned order dated 09-08-2016 passed by the Ex officio Commissioner of Workmen's Compensation and Judge, Labour Court, Latur in the proceedings (WCA No. 42 of 2013) filed on behalf of present respondents-original applicants for compensation towards loss to the family on account of death of victim Prabhu Hari Jadhavar occurred due to electrocution during the course of his employment as "Salgadi" (Labour on yearly basis ) i.e. workman as envisaged under section 2(1) (n) of the Workmen's Compensation Act, 1923 ( for short "Act of 1923").

(2.) Factual matrix of the case in nutshell is that, ill-fated victim Prabhu Jadhavar resident of Tadgaon Ta. Kallam District Osmanabad was the husband of appellant No. 1 and father of respondents No. 2 and 3-original applicant. The appellant original respondent was the owner and in occupation of agricultural land Gut No. 148 located within vicinity of village Shiradhon Ta. Kallam District Osmanabad. The appellant-owner of the agricultural land employed the victim Prabhu Jadhavar as "Salgadi" to look after the agricultural operation in his land on yearly basis. The person, namely, Rambhau Kisan Somase was also employed as "Salgadi" on yearly basis for doing the agricultural work accompanied with victim Prabhu Jadhavar. Both victim Prabhu and Rambhau were looking after the entire agricultural operation in the field of the appellant-original respondent. It has been contended that the victim Prabhu was engaged to do the agricultural labour work for the year 2005- 2006. The remuneration of Rs. 36,000/- per annum i.e. Rs. 3000/- per month was fixed to be paid to the victim Prabhu. Accordingly, during the relevant period of mishap, victim Prabhu used to do entire agricultural work in the field, as per instructions of the appellant Shri Chandracant Toshniwal. There was electric motor fitted on the well located in the field of appellant-original respondent for irrigation purpose. There was no terminal box for electric motor, but it was tied with GI wire to protect the electric motor from being fallen in the well and end of GI wire was left abandon by tying it to Babul tree.

(3.) According to the original applicant-family members of victim Prabhu, on the fateful day of mishap i.e. on 17-07-2005 victim Prabhu and his associate Rambhau, as usual since morning started their agricultural work in the field of the appellant-original respondent. But, it had something different in-store for the victim Prabhu. At about 9.00 a.m. Victim Prabhu switched on the electric motor installed on the well for watering the crops and indulged in the agricultural work of cutting grass nearby the well, unaware of his tragic end within short period. While cutting the grass victim Prabhu came into contact with GI wire tied with electric motor. There was electric supply in the GI wire from electric motor. Due to severe electric shock victim Prabhu breathed his last on the spot. In view of instant death of victim Prabhu in the field of appellant-original respondent following electrocution, the information was passed on to owner of the land i.e. appellant as well as concerned Police of Shiradhon Police Station, Ta. Kallam, District Osmanabad. The adjoining land owners, Police personnel and appellant-owner of the land, thronged at the scene of occurrence. The labour Shri Rambhau Songane lodged the report of accidental death of his associate victim Prabhu owing to electrocution by live GI wire tied with electric motor fitted on the well in the field of appellant-original respondents. Pursuant to accidental report of Rambhau Songane, Police of Shirdhone Police Station registered A.D. No. 22 of 2005 under section 174 of the Criminal Procedure Code, 1973 and set the enquiry of accidental death of victim Prabhu in motion. Police drawn the panchnama of scene of occurrence. The dead body was escorted to the Primary Health Centre, Shiradhon for autopsy to ascertain the exact cause of death. The medical experts conducted post mortem and opined that the death of Prabhu was caused due to thermal injuries following electric shock. Inquest panchnama was also drawn. The Office Personnel of Electricity Department at Latur visited to the spot of incident for inspection purpose. They forwarded report to the concerned Tahsildar that victim Prabhu died due to electrocution after coming into contact with GI wire/cable tied with electric motor installed on the well in the field of appellant-original respondent.