EXECUTIVE ENGINEER Vs. R. WARA LAXMI

JUDGEMENT

(1.) This appeal has been directed by the appellants under Section 30 of the Employees' Compensation Act, 1923 challenging correctness of the judgment dated 30.06.2012 passed by the Commissioner for Employees' Compensation, Ganjam, Berhampur (for short, "Commissioner") in W.C. Case No.48 of 2011.

(2.) The case of the claimant-respondents before the Commissioner in a nutshell is that the husband of respondent No.1, namely, late R. Nagaraja was working as a Helper under opposite party No.3-Junior Engineer (Electrical), SOUTHCO, At/P.O./P.S. K. Nuagaon, District- Kandhamala. On 28.05.2010 at about 4.30 P.M. while her husband was assisting the Lineman in an electric pole for repairing 33/11 KV supply electric line of Daringibadi at K. Nuagaon sub-station, all of a sudden he got electric shock and fell down from the electric pole. As a result of such accident, the deceased sustained burn injuries all over his body. The deceased was immediately shifted to K. Nuagaon hospital for treatment.

(3.) Being noticed by the Commissioner, opposite parties, who are the present appellants, filed their written statement. Opposite party No.1 filed Form II stating therein that the deceased while working as a Helper in K. Nuagaon Electric Section, Baliguda met with an accident on 28.05.2010, as a result of which he died on 29.05.2010. The deceased was getting salary of Rs.10,030/- per month. The deceased was electrocuted while he was replacing 33 KV horn gap fuse (Y phase) without knowledge and consent of the Lineman and without isolating 33 KV AB switch in a careless and negligent manner. The Helpers are not authorized to replace the Horn gap fuse. The duty of a Helper is only to assist the lineman. The deceased had not used the discharge rod and gloves at the time of attempting to replace 33 KV Horn gap fuse.