PROJECT OFFICER, KANKANEE COLLIERY Vs. MEENA DEVI

JUDGEMENT

(1.) This appeal is under Sec. 30(i)(a) and (aa) of the Workmen's Compensation Act, 1923 against the award of compensation of Rs.93,367.50 by Presiding Officer in W.C. Case No.09/04 for the death of Ganpat Bhar in course of his employment.

(2.) As per the case of the claimant, the claimant, who is wife of deceased, Dumper Operator in Kankanee Colliery in the night shift at Pit No.6 on 7/5/1991. During course of his employment, he received serious injuries on the duty itself. The claim was contested by the appellant-Corporation on the ground that no accident took place on the said night. Learned Tribunal recorded a finding that the deceased died an accidental death during course of his employment.

(3.) It is argued by Mr. Anoop Kumar. Mehta, the learned counsel on behalf of appellant that there was inordinate delay in preferring claim application. The accident took place on 7/5/1991, whereas claim application was preferred on 25/2/2003 without any explanation for the delay whereas, Sec. 10 of the Employees Compensation Act provides limitation of two years in preferring claim in case of death. It is further argued that the said death was not accidental arising out in course of employment as it was not reported at the time of occurrence to any competent authority.