THE CHAIRMAN-CUM-MANAGING DIRECTOR, TRIPURA STATE ELECTRICITY CORPORATION LTD. AND ORS. Vs. ABHARANI PAUL

JUDGEMENT

(1.) This appeal by the employer, Tripura State Electricity Corporation Limited (TSECL), is directed against the award dated 14.12.2010 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala whereby the Commissioner awarded a sum of Rs.3,25,365/- to the claimant along with interest @ 12% per annum from the date of the filing of the claim petition, i.e. 25.04.2008.

(2.) The allegations made by the petitioner are that her son Ratan Paul was engaged as a workman by the Electricity Corporation for digging earth for construction of electric tower at Barkhola tilla. According to allegations while the deceased was cutting bamboo for clearing the site, one bamboo struck with a live electric wire line and the deceased got electrocuted and died.

(3.) This occurrence took place on 02.11.1998. The claimant thereafter filed a petition under the Fatal Accidents Act claiming compensation by filing civil suit T.S.(FA) 13 of 1998. This case was ultimately withdrawn with permission to file a petition under the Workmen's Compensation Act and thereafter this petition was filed in the year 2008. The Electricity Corporation filed reply to the claim petition but in the reply it was admitted that the deceased was engaged for earth cutting between tower location No. 72 and 73 of the 66 KV power line.