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1995 Supreme(Pat) 712

R.N.SAHAY
Project Officer, Sounda D. Colliery Of Central Coal Fields Limited – Appellant
Versus
Presiding Officer, Labour Court – Respondent


Judgment

R.N.Sahay, J.

1. The wife of the deceased-workman late Dahari Koiri filed a claim application alleging that her husband met with an accident when he was on duty on March 10, 1989. He died on May 26, 1989 by accident arising out of and in course of his employment. The deceased was aged 45 years and was drawing Rs.2,500.00 per month. Immediately after he was injured he was taken for treatment in the C.C.L. Hospital. Register of minor accident reveals that the workman had superficial abrasion round left keen joint. He was prescribed belergon on March 16, 1989 but his pain subsisted. He was given an injection. Doctor diagnosed his case to be dispepsia. He had also breathing problem. Later it was suspected that the deceased was suffering from chronic renal failure on the basis of report dated April 29, 1989 the clinical diagnosis was polycistic kidney and malignant cell. The workman died on May 6, 1989. The cause of death, according to the death certificate was trauma(L) Kidney Polycistic disease of kidney and Renal failure.

2. The case of the appellant as disclosed in the letter dated March 20, 1991 written by Deputy Chief Mining Engineer, Saundadih to the Workmens Compensation



















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