P N YADAV Vs. BASUDEO KUMAR

JUDGEMENT

(1.) THE present appeal has was further evacuated to 1251 MSU where been preferred against the judgment and he was examined by Medical Officer, who order passed by Presiding Officer, Labour in turn referred him to Civil Hospital. Court, Deoghar in Workmen's Compensation Hapoli where he was admitted on same Case No. 12 of 2002 dated 24.8.2005, day. whereby respondent was awarded compensation of Rs. 1,54,021.35. THE deceased could not recover from illness and died at 8 a.m. on 16.1.2000.

(2.) FOLLOWING question has been raised for consideration by this court: One-man inquiry was constituted to probe into the cause of death of said Uttam Whether the death, caused due to cardiorespiratory Kumar and the report was given by the failure, due to bilateral pneumonitis - Inquiry Officer, which is at Annexure 4 to and Koch's can be said to be the memo of this appeal and it was also an occupational disease, peculiar to the presented before the Workmen's Compensation employment with Border Roads Organisation Commissioner, Deoghar. As per the especially, when the deceased said report, death of late Uttam Kumar is has worked only for 55 days with the due to cardiorespiratory failure, due to employer? bilateral pneumonitis and Koch's. Factual matrix: Thus, the deceased was employed with the appellant from 23.11.1999 and he expired

(3.) HAVING heard learned counsel for the appellant and looking to the facts and circumstances of the case and the evidence on record, it appears that the deceased, namely, Uttam Kumar was employed with the appellant on 23.11.1999. He reported complaints of cough, weakness, giddiness and swelling over face on 13.1.2000 and he was taken for medical treatment. It was reported on 14.1.2000 that there was no improvement and, thereafter, he was referred to the Civil Hospital, Kopoli by the Medical Officer, where he was admitted on the same day, but he could not recover from his illness and died on 16.1.2000 at 8 a.m. He died due to cardiorespiratory failure, due to bilateral pneumonitis and Koch's, as per the medical certificate of cause of death, which is at Annexure 3 to the memo of this appeal.