M.P. STATE ELECTRICITY BOARD, THROUGH SECRETARY, HEAD OFFICE, SHAKTIBHAWAN, JABALPUR Vs. MANGAL PRASAD PATLE

JUDGEMENT

(1.) This appeal has been filed under Section 30 of the Workmen's Compensation Act challenging the order dated 3rd April, 2010 passed by the Commissioner Workmen's Compensation, Jabalpur in Case No. 42/2006/Non Fatal. By the said judgment the commissioner awarded an amount of Rs. 3,15,792/- and directed to deposit within 45 days. It has further been directed that the interest from the date of filing of the claim petition till passing of the award @ 7.5% per annum be paid. It has also been directed that if the amount has not been deposited within 45 days the claimant shall be entitled for the interest @ 12% per annum.

(2.) This appeal has been admitted on 14th August, 2010 on the following substantial question of law. :-

(3.) The appellants have taken defence that the injured was duty at Ganeshganj, District Seoni having its Headquarter Gorakhpur, sub-station. The work of the helper is to assist the Assistant Lineman and not to work to check line having flow of current. It is further stated that on the date of incident incurred was working without having any order of the higher authorities. However, the injured himself is liable for his negligence, if any, committed by him. Therefore, the Compensation cannot be directed to be awarded against the appellant.