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2002 Supreme(AP) 1216

GHULAM MOHAMMED
Mummidipalli Syamaladevi – Appellant
Versus
Regional Director, ESI Corporation, Hyderabad – Respondent


GHULAM MOHAMMED, J.

( 1 ) THIS Civil Miscellaneous Appeal is directed against an order dated 16-2-1996 passed in EIC No. 4/1995 on the file of the Court of the Employees Insurance court and Chairman, Industrial Tribunal-I, hyderabad.

( 2 ) THE mother of the deceased-M durga Prasad moved the Employees insurance Court under Section 75 (c) and (g) of the Employees State Insurance Act, 1948. (for short "esi Act"), inter alia, stating that her son M. Durga Prasad was working as machine Operator in the factory of the 3rd respondent since August, 1989, he was residing in the quarter provided by the 3rd respondent in the factory premises, and died due to electric shock in the early hours of 22-4-1991. Since the accident occurred in the premises of the 3rd respondent- employer i. e. , within the factory premises, this accident is deemed to have been arising out of and during the course of the employment. Though the petitioner was paid ex gratia of Rs. 30,000/- by the 3rd respondent-company, but no compensation was granted under the provisions of the workmen s Compensation Act, as the deceased was covered under the provisions of the ESI Act. Therefore, the mother of the deceased laid the abov














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