PANDITRAO SHAMRAO BHONGADE Vs. SUNANDA

JUDGEMENT

(1.) THIS appeal is preferred by original non-applicant Nos. 1 to 3 against whom the order is passed by the Workmen's Compensation Commissioner calling upon them to pay Rs. 87,388 as compensation to the heirs of deceased Nagesh. The facts which are not more or less in dispute and germane for the decision of the present appeal are as below:

(2.) THE original non-applicant Nos. 1 to 3 (appellants herein) owned and possessed a plot on the southern bank of Amba Nala at Amravati where they were making the construction of their building known as 'bhongade Complex' (hereinafter referred to as 'shopping complex' ). They employed original non-applicant No. 4 as contractor for carrying out the construction work. Deceased Nagesh was employed by the contractor, original non-applicant No. 4, for construction work as a labourer. On 23. 5. 1990 at about 3. 30 p. m. , the nonapplicant No. 3 asked Nagesh and 3/4 other workers, who were doing the work at construction site of the said complex, to lower down the electric motor pump in the well of the non-applicant Nos. 1 to 3. The water from that well was being utilised for the construction of the said complex and while doing this work by lowering down the electric motor pump, deceased Nagesh received electric shock and ultimately died. Heirs of deceased Nagesh, therefore, made claim for compensation giving the details of his income, etc. , which we need not consider in view of the limited scope of the points required to be decided in appeal.

(3.) AFTER the appeal was filed, on behalf of the respondents, application being C. A. No. 1241 of 1994 was filed either for dismissal of the appeal for non-compliance with the provisions of section 30 of the workmen's Compensation Act or in the alternative for vacating the stay. When the appeal was admitted, interim stay had been granted to the order of Commissioner and, therefore, request was made either for vacation of the stay or dismissal of the appeal. As per order dated 28. 9. 1994, the application was ordered to be considered at the time of final hearing.