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2017 DIGILAW 908 (HP)

State of H. P. v. Rami Devi

2017-08-04

DHARAM CHAND CHAUDHARY

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Dharam Chand Chaudhary, J. (Oral) The appeal is admitted on the following substantial question of law: Whether the award passed by the Commissioner, Workmen’s Compensation Act, is not legally substanional (sustainable) as the same is against the provision of the Law i.e. Section 4(1)(a) of the Workmen’s Compensation Act and is liable to be set aside. 2. Respondent-department in case No. SIM-NOWC (Fatal) 167-06 is in appeal before this Court. The complaint is that learned Commissioner under Workmen’s Compensation Act below has erroneously allowed the claim petition filed by the claimants, respondents herein and awarded the compensation. According to the appellants herein deceased Ram Singh was not on duty on 10.12.2001 at the time when he died. Therefore, when he never died during the course of his employment, no compensation could have been awarded to the claimants-respondents. The evidence as has come on record by way of the testimony of respondent-claimant No. 1 Smt. Rami Devi PW1 and also from that of PW2 Jag Mohan a fellow Beldar of deceased Ram Singh and also from that of RW1 Puran Chand and RW2 Jia Lal coupled with FIR Ext.PW1/A registered at the instance of PW2 Jag Mohan Singh, deceased Ram Singh was working as Beldar. On 10.12.2001 he along with RW1 Puran Chand, RW2 Jia Lal, one Rattan Chand and PW1 Jag Mohan were deputed around 5:00 P.M. to remove the fault in the line at Hattu so that the supply of water could be restored in the area including to the house of one Sabir Dass at village Khanar where marriage was being solemnized. They removed the defect in the pipe line and restored the water supply around 9:00 P.M. They reached at Silli Kandli around 11:00 P.M. While RW1 Puran Chand, RW2 Jia Lal and Ratan Chand returned to Narkanda, deceased Ram Singh and PW1 Jag Mohan proceeded to Village Khanar to ascertain as to whether the restoration of the water supply stand restored or not. On finding the restoration of water supply in that village particularly in the house of Sabir Dass, they had meal there and proceeded around 3:00 A.M. to their quarter at Narkanda. When they reached at Village Khamaut the deceased told PW1 that he is feeling heaviness in his body. They had to stay in open during night at that place. On finding the restoration of water supply in that village particularly in the house of Sabir Dass, they had meal there and proceeded around 3:00 A.M. to their quarter at Narkanda. When they reached at Village Khamaut the deceased told PW1 that he is feeling heaviness in his body. They had to stay in open during night at that place. Next day i.e. 11.12.2001 around 7:00 A.M. PW1 went to nearby village Khmaut and informed the villagers about the ill health of the deceased. On this the villagers rushed to the place where deceased was sitting. After massage etc. the villagers decided to remove him to hospital at Narkanda. However, on the way to hospital he died around 11:00. near Singhadhar. 3. There is no denial to such facts disclosed by the respondents-claimants in the claim petition and ultimately established from the evidence produced by the parties on both sides. As a matter of fact, it lie ill to claim that the deceased was not on duty or that the death has not occurred during the course of his employment. It is satisfactorily proved on record that he was deputed along with PW1, RW1, RW2 and one Rattan Chand to set a fault right in the pipe line at Hatu on 10.12.2001 around 5:00 P.M. Not only the testimony of PWs 1 and 2 but that of RWs1 and 2 the fault was set right by them around 9:00 P.M. and it is thereafter they returned to home. While three of them went to Narkanda, the deceased and PW1 went to village Khanar to check the availability of water supply in the house of Sabir Dass where the marriage was being solemnized. On way back to Narkanda at his quarter the deceased died at Singhadhar on account of his ailment cropped up all of sudden. The news paper clipping Ext.PW1/C is suggestive of that he died while on duty. The post mortem report is Ext.PW1/B. Being so, there is direct nexus between employment of the deceased and the ailment from which he suffered in the discharge of his duty. 4. The news paper clipping Ext.PW1/C is suggestive of that he died while on duty. The post mortem report is Ext.PW1/B. Being so, there is direct nexus between employment of the deceased and the ailment from which he suffered in the discharge of his duty. 4. In a case FAO No. 177 of 2006, titled Nirmala and others versus Kaushalaya Devi and another, decided by this Court on 11th July, 2016 while placing reliance on the judgment again that of this Court in National Insurance Company versus Smt. Gurmeeto and others, Latest HLJ 2006 (HP) 33 where the driver of the truck fell ill on account of driving the same without windscreen and ultimately died after few days, in his house it was held that he died during the course of his employment. The findings of this Court are as such supported by the judgment in Nirmala’s case hereinabove. 5. Therefore, appellant-department is not at all justified in claiming that since the death of Ram Singh having not been occurred on account of injury he received during the course of his employment, the award of compensation to the respondents-claimants is violative of Section 4-A of the Workmen’s Compensation Act. As a matter of fact, in view of the law laid down by this Court in Nirmala’s case supra it is not always answer that the death should be occurred only on account of receiving injury while on duty. However, in a case where the workman fell ill while discharging his duty, those cases are also covered under the Act for the purpose of awarding compensation. 6. Having said so, the substantial question of law referred hereinabove does not at all arise for adjudication in this appeal. The order passed by learned Commissioner below rather is legally sustainable. 7. For all the reasons hereinabove, this appeal fails and is dismissed accordingly. Pending applications, if any, shall also stand disposed of.