NASEERA NAZIR Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS civil reference has been made by the Commissioner under Workman's Compensation Act in the case titled Naseera Nazir and others versus Executive Engineer, in exercise of the power under section 27 of the Workmen's Compensation Act (hereinafter to be referred to as the Act ).

(2.) IN order to appreciate the reference, the facts in brief are that one Nazir Ahmad Sheikh, who was employed in the Electric Departments as Line man, while performing his duties and repairing electric line near Janglat Mandi, Anantnag on January 25, 1997, received electric shock at the top of the pole and fell down. He received head injuries and died on January 27, 1991. Three applicants (Minors) Naseera Nazir (daughter), Sajad Ahmad and Khalid Nazir (sons) of deceased Nazir Ahmad through their mother Farooqa Nazir and Farooqa Nazir widow of Nazir Ahmad Sheikh filed a claim petition before the Commissioner under Workmen's Compensation Act, Anantnag against the Executive Engineer, Electric Maintenance and RE Division, Anantnag.

(3.) IT is submitted in the application that the age of workman namely civil servant deceased (Nazir Ahmad) at the time of accident was 44 years as per the date of birth shown in the records is April 1, 1946. The applicants 1 to 3 being minor children of the deceased and the applicant No. 4 being his widow, approached the Forum.