NTPC/VSTPP, VINDHYA NAGAR, SIDHI Vs. RAJWATI PANIKA

JUDGEMENT

(1.) In this appeal preferred under Sec. 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') the defensibility and legal propriety of the order passed by the Commissioner, Workmen's Compensation (Labour Court) Sidhi in Case No. 2/98/WC is called in question.

(2.) The essential facts to be adumbrated for disposal of the appeal are that the respondent No.1. Smt. Rajwati, wife of Late Narayandas Panika, filed an application for compensation under the provisions of the Act putting forth a stand that her husband, Narayandas Panika, on 5-11-1996 during course of employment with the appellant died as a result of an accident. It was set forth that Narayandas was in the employment of the appellant as an Attendant in VST Plant. He was working inside the Plant and the accident occurred at 4 p.m. He was 28 years of age and was getting a monthly salary of Rs. 3,940.00. The respondent/appellant despite the assurance being given had not given compassionate appointment and has not paid the compensation.

(3.) The employer filed the written statement reverting the stand in the petition on the ground that on 5-11-1996 the dead-body of Narayandas was found inside the Project area after the duty hours. It was sent for post-mortem and thereafter to find out the cause of death the viscera was sent for chemical examination. An enquiry was conducted by the Chief Medical Officer of the NTPC, Singrauli and Chief Medical Officer Vindhyachal and the District Chief Medical Officer, Sidhi. The Medical Board so constituted was not arrived at a definite conclusion and an opinion was given that the death had not occurred due to the accident. It was also the stand in the written statement that no accident had occurred in the premises of the employer. It was pleaded that as the accident had not occurred in course of employment and in the premises of the employer, the liability to pay compensation could not be fastened with it.