Sub Divisional Officer v. Kesharbai, Dalit and Tai
2014-01-27
K.U.CHANDIWAL
body2014
DigiLaw.ai
JUDGMENT K.U. Chandiwal, J. 1. Heard. The appeal is admitted on January 28th, 1997. No substantial question of law is framed. The substantial question of law would be: Whether deceased Bhaskar died out of and in the course of employment as labour with the appellant on 5.10.1992 owing to injuries suffered on 20th Sept., 1992. The respondent/widow of Bhaskar, filed petition with her son and daughter; 8 years and 2 years old respectively, under Workmen's Compensation Act. It was canvassed that deceased Bhaskar was working as a labour with the appellant since three to four years. On 20th Sept., 1992, work of laying wire-line was in progress under direction and instruction of its officials. Deceased was working on top of telephone pole, he fell on the ground and was severely injured. He was shifted to Civil Hospital, Gangakhed, and, thereafter, to other hospitals. He succumbed to the injuries. He was receiving Rs. 40/- per day as wages from the appellant. He was temporary worker, on daily wages. 2. A demand notice was served to the appellant on 21.2.1993 which has been replied on 8th March, 1993, denying the liability. 3. Written statement below Exh. 14 was filed by the appellant with the above denial and even there is denial to the work culture propagated by the claimants having performed by Bhaskar. 4. However, the notice dated 21.2.1993 was replied on 8th March, 1993 by the appellant. In the said reply, it was, in unequivocal terms, accepted that deceased Bhaskar was engaged by field lineman or contractor to assist them to attend interruptions, break-down of telephone lines. Thus, it was established that during course of employment either as a labour or otherwise, Bhaskar suffered injuries at Dhangar Moha when the work was going on in respect of laying telephone lines. In this scenario of the matter, the computation of income and application of the factor by the learned Judge does not call for interference. The award is in tune with the legal frame. Substantial question of law answered against the appellant. Appeal dismissed with costs.