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2011 Supreme(Ker) 175

S.SIRI JAGAN
Nandini Jayarajan – Appellant
Versus
Insurance Ombudsman – Respondent


Advocates Appeared:
For the Petitioner:C.S.Ajith Prakash, Advocate.
For The Respondents:E.K.Nandakumar, Advocate.

JUDGMENT :-

1. The petitioner in this writ petition is the widow of an employee by name P.B. Jayarajan of the 4th respondent-Bharat Petroleum Corporation Limited, who died in an industrial accident on 30.12.2005 at 10.15 am. On the fateful day he, a general workman in the plant of the 4th respondent, was deputed by the Senior Maintenance Engineer to attend to a hydrogen sulphide gas leak of the Sulpher Recovery Plant. He was accompanied by another workman by name Prasanth. The plant is a big building having the height of a three storied building and the workman had to climb a ladder to reach the platform to attend to the leakage. He and the co-employee climbed the ladder and examined the point of leakage in the presence of another workman. According to the petitioner, while tightening a bolt, the workman fell unconscious on the platform and he was taken to the Occupational Health Centre of the BPCL and the duty doctor referred him to a full fledged hospital. He was taken to the Vijayakumaran Memorial Hospital, where he was declared dead. All the workmen of the plant were covered by a Group Personnel Accident Insurance Policy, Ext.P1. The widow of the deceased workman, the petitioner















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