GENERAL MANAGER, NORTH TISRA COLLIERY, LODNA AREA X OF BHARAT COKING COAL LIMITED AND ORS. Vs. SURAJMANI MAJHAIN

JUDGEMENT

(1.) The two appellants by filing this appeal under Sec. 30(1)(a) of the Workmen's Compensation Act, 1923 have questioned the legality of the order/Award dated 20.05.2013 passed by the learned Presiding Officer, Labour Court -cum - Employees Compensation Commissioner, Dhanbad in W.C. Case No. 117/11(C) whereby and whereunder the appellants have been directed to pay compensation of Rs. 2,92,400/ - to the sole present respondent within two months from the date of the order with clauses and in case of default in payment of compensation within the stipulated period, they shall also be liable to pay compensation at the compounded interest of 14% per annum with alternative option.

(2.) Murlidhar Manjhi (hereinafter called 'the deceased') was in the employment of North Tisra Colliery as a Senior Fitter and on 16.06.2005 while he was performing his duty in the first shift at North Tisra Project at about 1:30 P.M., he suffered a sun stroke. Whereafter, he was shifted to Tisra Hospital, Seraidhela Dhanbad where he died. At the time of death, the said deceased was aged 53 years. It appears from the record that after the death of the deceased, his son Mihir Murmu was provided employment in his place but almost after three years of the death of the deceased, the present respondent -the widow of the deceased filed an application on 07.05.2008 claiming compensation amount of Rs. 2,95,000/ - alleging therein that the death was on account of accident arising out of and in course of employment. The said application for claim was filed with a condonation petition with prayer to condone the delay in filing the case and after notice to the present appellants, who were opposite parties in the court below, written statement was filed. After hearing the parties, the delay was condoned.

(3.) In the written statement filed at the instance of the present appellants in court below, it was admitted that deceased was an employee under the present appellants and on the fateful day at about 4:14 p.m., the deceased realized inconvenience and uneasiness whereafter he was immediately shifted to Tisra Hospital, Dhanbad but before reaching Central Hospital, Dhanbad, he died and after postmortem, the cause of death was found due to sun stroke/hot wind. It was also pleaded in the written statement that the deceased was working in the open cast and there was no option, except to work in the open field under the hot wind to be faced by him and other workers but it was not an accidental death and there was no injury caused to the deceased by way of any accident arising out of and in course of his employment. Hence, his claim was not covered under the provisions of W.C. Act. Subsequently, a supplementary written statement was filed by the Project Officer, North Tisra Colliery (the present appellant No. -2) stating therein that due to clerical mistake, a calculation chart for compensation was prepared in the name of the deceased Murlidhar Manjhi and on that basis in paragraph 4 and 5 of the original written statement, an amount of Rs. 2,92,400/ - was admitted as compensation due in respect of the deceased. It is also stated in supplementary written statement that the postmortem report of the deceased reveals that some deep coloured liquid substance was found in the internal part of the body and his death was not due to sun stroke.