THE UNION OF INDIA Vs. MRS. FULERUNNESSA

JUDGEMENT

(1.) Heard Mr. K.K. Parasar, learned CGC appearing for the appellants. Also heard Ms. P. Chakraborty, learned counsel appearing for the claimants/respondents. This appeal has been preferred against the judgement and order dated 30/07/2009 passed by the learned Commissioner under the Workmen's Compensation Act, Silchar in connection with W.C. Case No. 35/2006, whereby an amount of Rs. 2,71,138/- together with interest calculated @ 9% per annum with effect from the date of filing of the application was awarded in favour of the claimants on account of death of their son Mazibur Raahman.

(2.) It is the undisputed position of fact that the son of the claimants/respondents, aged about 25 years, while being engaged under the appellant No. 2 in connection with construction of a road at Mizoram had fallen sick while at work and later on died at the Silchar Medical College and Hospital on 16/11/2003 out of Malaria. Since the deceased Mazibur Rahman had died during the course of his employment under the appellants, hence claim for compensation under the Workmen's Compensation Act, 1923 seeking an amount of Rs. 3,25,365/- along with interest was lodged by the claimants. After his death, there was an enquiry conducted by One Man Committee of Shri Mukesh Jain, appointed by the appellants herein who had submitted a report dated 13/12/2003 confirming the fact that the deceased Mazibur Rahman had fallen sick while he was working under the appellant No.2. He was thereafter shifted to Civil Hospital, Champai on 11/11/2003 and ultimately referred to the Silchar Medical College and Hospital for further treatment where had expired on 13/11/2003 due to malaria. The medical certificate on the cause of death issued by the Silchar Medical College and Hospital, Silchar (Annexure-1) also confirms that the deceased Mazibur Rahman had died due to malaria fever. However, in the said report, the enquiry officer had observed that the deceased would not be entitled to any compensation since malaria fever 'Vivex' is not a disease covered under Schedule III of the Workmen's Compensation Act, 1923.

(3.) A perusal of the entries made in Sl. No. 1 of Schedule-III of the Workmen's Compensation Act, 1923 would go to show that amongst the list of occupational diseases "infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination" is included. That apart, under Column 3, the nature of employment which would come within the purview of the said clause includes "all work involving exposure to the risk concerned".