PURUSHOTTAM TAMRAKAR Vs. SHANKAR LAL

JUDGEMENT

(1.) BY the impugned judgment dated 8. 8. 1996, the Addl. District Judge, Vidisha decreed a civil suit in part and awarded Rs. 62,000 as compensation for death of one Narendra Sharma in an industrial accident with interest at the rate of 12 per cent per annum.

(2.) CLAIMANTS were parents Shankarlal, R-1, Geeta R-2 and grandmother Ramkali, R-3 (who died during the pendency of appeal) of deceased Narendra Sharma, who used to work in Durga Metal Industry, owned by the appellant, since 1981 on monthly salary of Rs. 300. The deceased was working in the aluminium factory on 25. 7. 1985, who was burnt due to vapours raised while extinguishing furnace as water had receded below the same due to negligence of the appellant. Dr. G. P. Tamrakar, DW 2, had insisted that he would cure the deceased and thus the admission of deceased to Government hospital was delayed up to 26. 7. 1985. Later, on 4. 8. 1985, deceased had died. Deceased used to earn Rs. 150 per month as overtime allowance besides monthly salary of Rs. 300 and had a private earnings of Rs. 200 per month as a plumber. He was only 20 years of age. Parents had been dependent on him and had preferred a claim for Rs. 2,96,400.

(3.) APPELLANT claimed that the industry, named, Durga Metal Industry had already been closed. Deceased was not a permanent workman in the same. Deceased had come to work on 25. 7. 1985 on daily wages and had stayed in the factory of his own choice. These were rainy days. Suddenly water had receded below the furnace. The deceased had pulled the rod for extinction of furnace whereby the burning coal had fallen in water creating vapours causing injury to the deceased. Doctor was called. Parents of deceased were informed. Appellant was not at fault. He was not negligent. Deceased was admitted to the hospital and was given the best possible treatment. The appellant had spent Rs. 25,000 in such treatment on humanitarian ground. Claim has been exorbitant.