ASSISTANT ENGINEER G W D Vs. RAKMA BHIL

JUDGEMENT

(1.) THREE separate claim petitions were filed before the learned Workmen's Compensation Commissioner, Banswara, by Rukma son of Gotiya W.C. case No. 3/96; Shanti D/o Tejiya WC. Case No. 10/96; Mohan s/o Raoji Bhil W.C. Case No. 4/96 against the appellant Assistant Engineer, G.W.D. Banswara as well as against the appellant Additional Collector (Dev.) Banswara. Since all these three claim petitions arose out of one and same accident and parties were common, therefore, the learned Workmen's Compensation Commissioner (hereinafter referred to as 'the Commissioner' for short) by common impugned judgment and award dated 20.11.1998 decided all the claim petitions together and passed the award in favour of the respective respondents claimants (hereinafter referred as 'the claimants' for short).

(2.) BEING aggrieved by the common impugned judgment and award, the appellant Assistant Engineer GWD, Banswara (for short GWD) preferred three Separate appeals i.e. S.B. Civil Misc. Appeal Nos. 75/99, 76/99 and 77/99. Similarly against the very same impugned common award the Additional Collector (Development) District Rural Development Authority Banswara (hereinafter referred as 'DRDA' for short), filed three separate appeals S.B. Civil Misc. Appeal No. 62/99, 63/99 and 64/99 before this Court. In all the aforesaid six appeals the facts and law are common and, therefore, it is convenient to decide these aforesaid appeals by this common judgment.

(3.) BRIEFLY stated the facts out of which aforesaid six appeals arise are that three separate claim petitions were filed by the respective claimant before the learned Commissioner stating therein that they are workmen and they were engaged by the appellant Assistant Engineer G.W.D. Banswara to carry out the work at Richhadi Jalothan Project, Banswara. It was averred that their employer GWD under taking the work of blasting and as such while doing the blasting work at the site of Richhadi Jalothan Project Banswara on 12.4.1995, due to sudden blast, aforesaid three claimants and others sustained personal injuries, which resulted in 100 per cent permanent disablement. The claimants lost their total vision due to the injuries sustained in the aforesaid accident, which resulted in total blindness.