Employer's liability under the Workmen's Compensation Act for injuries sustained by employees during the course of their employment.

This appeal has been preferred by Steel Authority of India Ltd., Bokaro Steel Plant, Bokaro against the order dated 31.03.2010 passed by learned Presiding Officer, Labour Court, Bokaro cum-Ex-Officio Commissioner for Workmen's Compensation in W.C. Case No.9 of 2005 whereby the appellant has been directed to pay Rs.2,49,400/to respondent Sarswati Devi, widow of late Brij Mohan Choubey in lieu of the death of her husband which occurred in course of his employment.

2. The facts, in brief, is that Brij Mohan Choubey was an employee of appellant/company having ex-operative staff no.255639 and he met with an accident in the company on 06.06.2003 and sustained head injury. Brij Mohan Choubey was admitted to Bokaro General Hospital on 06.06.2003 after having that injury. He was under treatment for about four days and discharged on 10.06.2003. It is disclosed that again on 04.07.2003 he went to Bokaro General Hospital with a complain that he is having cervical problem besides weakness in the limbs. He was treated in the hospital and later referred to All India Institute of Medical Sciences, Delhi. Brij Mohan Choubey remained under treatment in AIMS from 07.08.2003 to 22.08.2003. On 29.08.2003 Niraj Choubey took his father Brij Mohan Choubey to Bokaro General Hospital but the doctor had observed that Birj Mohan Choubey was brought dead in the hospital. Thereafter post mortem on the dead body of Brij Mohan Choubey was done on 30.08.2003.

3. The petitioner, who happens to be widow of late Brij Mohan Choubey, filed an application for grant of compensation against death of her husband before the Commissioner for Workmen's Compensation, Bokaro and the application was registered as W.C. Case No.09/2005. The appellant/opposite party was served with a notice after which they appeared and contested the claim.

4. The applicant/respondent adduced evidence and proved documents such as medical certificate etc. in support of her claim whereas the appellant/opposite party has also adduced evidence and proved documents in order to challenge the claim of the applicant/respondent.

5. The gist of the claim of the applicant/respondent is that Brij Mohan Choubey sustained head injury in course of his employment inside the works on 06.06.2003 and later complication developed due to said injury, lastly resulting in his death. Since death of Brij Mohan Choubey occurred due to injury caused to him in course of his employment, application for grant of compensation was filed before the Commissioner, Workmen's Compensation, Bokaro.

6. The appellant/opposite party had put their stand that injury which Brij Mohan Choubey sustained on 06.06.2003 was not the cause of death. Brij Mohan Choubey was admitted to the hospital and he was treated by the doctor including neuro surgeon who has been examined as O.P.W.1. According to O.P.W.1 no fracture of skull bone or haemorrhage or clotting of blood in the brain was noticed in course of treatment. C.T. Scan was also done but any such complication like clotting of blood or fracture of skull bone was not detected. The appellant has tried to make out a case that Brij Mohan Choubey was suffering from hypertension and cervical problem from before. According to O.P.W.1 the injury which the doctor had noticed at the time of autopsy must be due to recent injury and that cannot be connected with the injury which deceased Choubey had sustained on 06.06.2003. The doctor has stated that due to passage of time if there will be any blood clotting in the brain, it will liquefy. The doctor who had conducted the post mortem examination did not find liquefied blood clotting rather he had found clotted blood in the brain and also subdural haemotama which might be due to recent injury. The appellant has also taken a stand that the doctors who had attended Brij Mohan Choubey at AIMS had also not noticed any clotting in the brain. They had diagnosed motor neuron disease, cervical spondalities with bulbon palsy (with BHP). The gist of the contentio