MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND OTHERS Vs. SMT. CHANDRABHAGABAI RAGHOBA MANDPE AND OTHERS

JUDGEMENT

(1.) By this appeal, the appellants have challenged the judgment and order dated 12.05.2016 passed by the Commissioner under Employees' Compensation Act, 1923/ Labour Court, Buldana, in a claim application filed on behalf of the respondents in respect of compensation payable to them due to the death of the husband of respondent no.2. The respondents filed an application under Section 22 Employees' Compensation Act, 1923 (aforesaid Act), before the Commissioner of Employees' Compensation stating that when the husband of respondent no.2 was working on an electric pole in village Giroli, tahsil Deulgaon Raja, district Buldana, electric supply was flashed, as a result of which he was electrocuted and he died on the spot. It was a case of the respondents that the deceased was engaged as an Assistant Labour on daily wages of Rs.300/- by the appellant company when the said accident occurred. A report of the said accident was lodged in Police Station Deulgaon Raja and a first information report was registered under Section 304-A read with 34 of the Indian Penal Code. The deceased was aged 35 years when the said accident occurred.

(2.) In the accidental death report submitted on 204.2012 under Section 174 (1) of the Cr.P.C. (Exh.U-31) it was recorded that the deceased who was working as private assistant of Gainaji Amte- Junior Engineer (appellant No.3) of the appellant company, while working on electric pole became the victim of the said incident. On the same day, i.e. 204.2012, an oral report was submitted to the Police Station by Pravin Burande, the other Junior Engineer who was in supervision and control over the electric pole, where the deceased became victim of the aforesaid accident. In the said report also, it was stated that the deceased was working as private assistant of the aforesaid appellant no.3 on the electric pole, when due to supply of electricity being resumed on 11 KV line, the deceased became victim of electrocution. This oral report was at Exh.U-43.

(3.) Thereafter on 25.06.2012, the Electrical Inspector submitted a report at Exh.C-62 to the Executive Engineer of the appellant company, stating that the deceased became victim of electrocution at the said electric pole due to the operator working at 33 KV Sub Station starting supply of electricity on the 11 KV line leading to electrocution and death. It was categorically stated in the said report that such supply of electricity was resumed without taking any care and that the incident had occurred because of total negligence and that the relatives of the victim were entitled for compensation as per rules. In pursuance of the same, the respondents were paid an amount of Rs.2, 00, 000/-.