MAHARASHTRA STATE ELECTRICITY BOARD Vs. GANGABAI SHAMRAO SUDKE

JUDGEMENT

(1.) This is an appeal preferred by the Maharashtra State Electricity Board (M.S.E.B.) being dissatisfied with the judgment and order passed by the learned Commissioner for Workmen's Compensation and Civil Judge Senior Division, Parbhani in F.A. No. 5 of 1988 decided on 19.09.1992 whereby the appellant was directed to pay compensation of Rs. 20,000/- with interest at the rate of 6% from the date of petition till realisation, to the respondents.

(2.) Briefly stated it is case of the appellant/original respondents that respondent No. 1 is widow and respondent Nos. 2 and 3 are sons of deceased Shamrao Sudke. Shamrao Sudke was admittedly in the employment of the appellant-Board at Sub-Division, Selu.

(3.) As per the original respondents, the deceased Shamrao was working as an Electric Operator/Lineman since 26.11.1974. On 16.01.1987 he was attached to urban area of Sub-Division, Selu. While he was on duty, he was directed by superior authority to attend a fuse call on the pole near Nutan Mahavidyalaya, Selu. The deceased went to attend the call and he was given understanding that line is off and he was directed to climb over the said pole and to connect the fuse. While attending the duty and trying to connect fuse, Shamrao was caught by a live wire. As a result, he remained in hanging position on the pole. Thereafter, Executive Magistrate and other came and body of the deceased was separated from the pole by the concerned authorities and taken to the Civil Hospital, Parbhani. He was admitted for treatment. He died two days after admission due to-electric shock. According to the petitioners, the deceased was 28 years old and death has occurred in the course of employment. The claim was made of Rs. 30,000/-.