UNION OF INDIA Vs. SANTI BALA DEY

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923, for short 'the Act', filed by the Union of India, represented by the Director, Telecommunication, Tripura area, Agartala, against the judgment and award dated 28.2.1985 and 22.3.1985 respectively passed by the learned Commissioner, Workmen's Compensation at Udaipur, South Tripura, in Case No. T.S. (Workmen's Compensation) 7 of 1979 and T.S. (Workmen's Compensation) 6 of 1981. By the aforesaid order the learned Commissioner directed the Appellant to pay a sum of Rs. 13,500/ - for the death of the workman, which resulted due to an accident.

(2.) DECEASED Surajit Dey while working as a lineman under Telegraph Department as a Daily Rated Master Roll Worker slipped from the telegraph post and fell down on the ground. As a result of the said accident, he suffered fracture of vertebrae and he was hospitalised in G.B. Hospital. The accident took place on 19.6.1976 and the workman died on 27.7.1979. I find from the judgment of the learned trial court that as a result of the accident the workman suffered from paralysis of the lower limbs for the injury of his spine. Though the Medical Officer was of the opinion that he was likely to recover fully but he died.

(3.) THE first contention of Mr. K.N. Bhattacherjee, learned Counsel for the Appellant, is that as the claim was not preferred within two years as required under Section 10 of the Act, it is barred by limitation.