LAWS(ORI)-2003-3-18

DIVISIONAL FOREST OFFICER Vs. CHAITANYA SAHU

Decided On March 07, 2003
DIVISIONAL FOREST OFFICER, KENDU LEAVES, ATHAMALLIK Appellant
V/S
CHAITANYA SAHU Respondents

JUDGEMENT

(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') challenging the order dated 24.1.1997 passed by the Commissioner under Workmen's Compensation (Dhen-kanal), Angul, in W.C. Case No. 21 of 1992.

(2.) The case of claimants-respondents is that their son, deceased Dhaneswar Sahu, died on 21.9.1991 in course of his employment due to lightning shock while he was working under the Divisional Forest Officer, Kendu Leaves, Athamallik. Deceased is stated to have been engaged as a binder of Kanteikolia Phadi under the Hondapa Kendu Leaves Range of Athamallik. On the same day at about 6.20 p.m. the Range Officer (KL), Handapa Range, lodged the F.I.R. before Officer-in-charge, Handapa Police Station and the same was registered as U.D.P.S. Case No. 7 of 1991. Legal heirs of the deceased had filed W.C. Case No. 21 of 1992 before the Workmen's Commissioner and prayed for compensation due to death of the only earning member of the family in course of his employment. The case of opposite party-appellant, in the written statement, is that the deceased was not engaged by the opposite party nor by any of his officers, but he was engaged by one Ratnakar Sahu, binding-mate to assist him in the binding work, since the same could not be done alone. It is further stated in the written statement that the deceased died due to natural calamity, i.e., lightning near a nala not in the binding centre, and it is further stated that the binding work was completed at Analaberini Phadi on 20.9.1991 and again it was started on 29.9.1991. In order to prove their case claimants- respondents have examined as many as two witnesses and the opposite party-appellant has examined one witness only, i.e., the ex-Range Officer.

(3.) After considering the evidence on record and documents produced by both the sides, the Workmen's Commissioner came to the conclusion that the deceased Dhaneswar Sahu was engaged as a binder on 21.9.1991 at Kanteikolia Phadi and he died due to lightning in course of his employment. The Commissioner, by his order dated 24.1.1997 awarded compensation of Rs. 67,200 to respondents-claimants. He further directed opposite party-appellant to deposit the said amount towards compensation through a bank draft and in default to pay the same within the stipulated date, opposite party-appellant would be liable to pay penalty and interest under section 4-A (3) of the Workmen's Compensation Act.