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2022 Supreme(Bom) 1703

S. G. DIGE
Chairman/Executive Director, Bhima Sahakari Sakhar Karkhana Takli Sikandar – Appellant
Versus
Sunil S/o Haribhau Bharate – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.M. Murkute, advocate
For the Respondent:Mr.Shailesh S. Chapalgaonkar, advocate

JUDGMENT :

The challenge in this appeal is to the judgment and order passed by the Commissioner, Workmen Compensation and Civil Judge, Senior Division, Beed (for short, “the Commissioner”) by which the compensation is awarded against the appellants. Against the said order, the appellants/original respondent nos.1 and 2 have preferred this appeal.

2. Brief facts of the case are as under :-

It is the case of the original petitioners that Sunil Haribhau Bharate (respondent no.1) (for short, “petitioner no.1”) was working as a sugarcane cutting labourer along with his wife Satyabhamabai Bharate. The petitioner no.1 and his wife went for labour work with appellants sugar factory during the year 2012-2013. Respondent no.6 is labour contractor, he had engaged the petitioner and his wife with the appellants – sugar factory. The petitioner no.1 had gone to work along with his bullock cart. He and his wife used to cut the sugarcane and fill it in their bullock cart and transport it to the sugar factory. On 17th December, 2012, they had cut the sugarcane in the farm of Mr.Shriniwas Bhairu Mane. They filled sugarcane in their bullock cart and they were going towards the sugar factory, at about 4:

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