UNION OF INDIA Vs. S MARIYAMMA

JUDGEMENT

(1.) This is an appeal preferred against the order dated 26-04-2003, in W.C. No. 5 of 2001, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II, Guntur. Railways are the appellants in this appeal.

(2.) One late Kotaiah was working as Traffic Gateman at Bellamkonda, in Vijayawada Division of South Central Railway. He was deputed for training at the Divisional Training School, Rajahmundry. He reported for training at Rajahmundry on 18-4-2000. He attended the training class on 18-4-2000 from 9-00 A.M. to 12-00 A.M. and 2-00 P.M. to 5-00 P.M. Late Kotaiah was provided with residential accommodation in the premises attached to the Training School, for the training period.

(3.) Late Kotaiah had developed chest pain at 10-00 p.m. on 18-4-2000 in the Training School campus, due to the stress and strain. Nobody was available at that time and no care was taken for the trainees. One J. Koteswara Rao, a co-trainee of late Kotaiah has taken late Kotaiah to the Railway Hospital, Rajahmundry, at 12-00 midnight on that day. The doctor did not come immediately and came after half an hour. A Compounder was there at the hospital. There are no concerned instruments and the instruments available in the hospital are not in order. Only an injection was given to late Kotaiah and it was advised to take late Kotaiah to the General Hospital. Ambulance came after ten minutes and late Kotaiah wag shifted to the Government Hospital at 3-00 a.m. and thereby substantial delay occurred in treatment, which resulted in the death of late Kotaiah at 3-20 a.m. on the next day.