LAWS(APH)-1995-8-77

HYDERABAD STEEL TUBES PRIVATE LIMITED Vs. AKTAR BEGUM

Decided On August 31, 1995
HYDERABAD STEEL TUBES PVT.LTD. Appellant
V/S
AKTAR BEGUM Respondents

JUDGEMENT

(1.) This appeal is from the judgment of a learned single Judge of this Court in A.A.O. No. 833 of 1981 awarding a compensation of Rs. 16,800.00 with 12% interest from 20/09/1977, the date of the accident, setting aside the order of the Commissioner for Workmen's Compensation in W.C. No. 41 of 1978 whereby the claim of the dependents of the deceased workmen was dismissed.

(2.) The appellant before us is M/s. Hyderabad Steel Tubes Private Limited. The deceased workman, Munceruddin, was employed in the appellant-factory as a Helper on a daily wage of Rs. 5.00. On 20/09/1977 he died. The allegation of the dependants of the deceased workman, respondents 1 to 5, is that Munceruddin died in the course of employment-he was asked to operate the crane and while doing so, he was electrocuted and fell down. When he was taken to Golconda Hospital by the management of the factory, the doctor declared him dead. The body was sent to Osmania Hospital for post-mortem examination. Ex. R-1 is the post-mortem certificate indicating several injuries. The accident was witnessed by S. Gopal, a fitter (A.W. 2).

(3.) The case pleaded by the company was that the deceased workman was found lying on the floor and when he was taken to the hospital, the doctor declared him dead. The death of the deceased workman did not occur in course of employment much less due to alleged electrocution while working on the crane.