High CourtsSingle Bench

Superintending Engineer, Jodhpur Vidhyut Vitran Nigam Ltd. and Another vs Raghuveer and Others

Rajasthan High Court · Decided on 29 October 2009 · Citation: (2009) 10 RAJ CK 0072

HON’BLE JUDGES
Gopal Krishan Vyas, J
ACTS & SECTIONS REFERRED
Workmens Compensation Act, 1923 — Section 30
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Appeal No. 684 of 1997
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Judgment

5 paragraphs · 351 words

Gopal Krishan Vyas, J.—This appeal u/s 30 of the Workman Compensation Act, 1923 is directed against the order dated 19.05.1997 passed by the Commissioner, Workman Compensation, Hanumangarh in Compensation Case No. 3/96, whereby, learned Commissioner, Workman. Compensation, Hanumangarh awarded compensation the respondent-applicants to the tune of Rs. 3,50,333/-.

2.

Late Shri Jagram S/o Jamuna Ram was employed with the Rajasthan State Electricity Board (at it was then called, now being known as Vidhyut Nigam) as Lineman-II under the Junior Engineer, Nohar. On September 08, 1988, in the discharge of his duties as Lineman II when he went to the house of one Bishan Das Sindhi to check up the line, he fell down from the electricity pole and suffered injuries. As a result of this accident, ultimately he died. His legal heirs filed their claim under the Workman Compensation Act claiming that Late Jagram died as a result of the accident while he was discharging duty as Lineman-II.

3.

Learned Commissioner, while considering the entire evidence of the case, decided the matter and passed award for compensation in favour of the respondent- applicants as indicated above. Learned Commissioner, Workman Compensation decided the controversy specifically while framing issue No. 2 to the effect that whether deceased Jagram died while discharging duty. The finding of the learned Commissioner is arrived at after considering the entire evidence of the case, so also, discharge certificate issued by S.M.S. Hospital, Jaipur and, further, upon the admission in the written-statement with regard to the fact that late Jagram was employee of the Electricity Board and the accident, as alleged, took place while he was discharging duties.

4.

I have perused the entire finding given by the learned Commissioner, Workmen Compensation. In my opinion, the judgment/order of the Commissioner, Workmen Compensation is perfectly in consonance with the provisions of law and passed after examining the entire evidence on record. In this view of the matter, no illegality is committed by the learned Commissioner while passing the judgment impugned. In this view of the matter, there is no force in this appeal.

5.

This appeal is, therefore, accordingly dismissed.