##PAGE1## ##PAGE2##

FAO-4701-2025 (O&M) 2

The Commissioner relies upon ratio of law laid down in

State of Rajasthan Vs. Ram Prasad & anr., (2001) 1 LLJ 177

(SC) wherein the Supreme Court observed as under :-

“2. The accident, it is stated, took place on account of lightning.

The contention put forth on behalf of the appellant is that the

mishap of death of Smt Gita due to lightning is an act of God

and, therefore, it is not liable to pay compensation. This

contention has been rejected not only by the Commissioner for

Workmen's Compensation but also by the learned Single Judge

in appeal and thereafter by a Division Bench in a further appeal.

The view taken is that the concept of the liability under the Act is

wide enough to cover a case of this nature inasmuch as death

had taken place arising as a result of accident in the course of

employment. It is, no doubt true that accident must have a casual

connection with the employment and arise out of it. If the

workman is injured as a result of natural force such as lightning

though in itself has no connection with employment, she can

recover compensation by showing that such employment exposed

her to such injury. In this case the finding is that the said Smt

Gita was working on the site and would not have been exposed

to such hazard of lightning striking her had she not been working

so.

In the considered opinion of this Court, even though the

counsel for the appellant is right in contending that there is hardly

any evidence to establish causal relationship between death and the

employment, but at the same time the nature of duties being

performed by the deceased cannot be ignored. Supreme Court in

the case of Smt. Dariyao Kanwar & ors. Vs. M/s United India

Insurance Co., Ltd. & anr. 2023 AIR Supreme Court 4161 while

dealing with the issue of accident during the course of employment

in a case where Truck driver died of cardiac arrest observed as

under :-

“10. This Court accepted the appeal filed by the dependents of the

deceased and found that even if the death had not occurred on account

of any accident but the driver was consistently driving the vehicle, there

is every reason to assume that long spells of driving was a material

contributory factor, if not the sole cause that accelerated his

DEEPAK KUMAR

2025.12.24 11:57

I attest to the accuracy and

integrity of this document

##PAGE3## ##PAGE4## ##PAGE5## ##PAGE6##

FAO-4701-2025 (O&M) 6

 ULB shall ensure that PPE Distribution & Health Check Camps are

organized at an interval of every six (6) months

 Organize regular health checkups in coordination with local health

departments/authorized hospitals.

 Maintain records of distribution and medical reports.

*Note:- In case the Safaimitras are engaged on the Municipal Council (MC) roll,

the required provisions shall be made by the ULB. However, if the Safaimitras

are deployed on a contractual basis, the responsibility for providing the same

shall rest with the Agency.

2) ULB Chief Sanitary Inspector or Sanitary Inspector/Contractor

Representatives

 Monitor daily usage of PPE by Safaimitras.

 Ensure compliance with health and safety protocols.

 Report any health-related issues immediately.

3) Safaimitras/Workers

 Use PPE kits as per guidelines during work.

 Attend health checkups as scheduled.

 Safaimitras shall promptly report any illness, injury, or unsafe condition

to the designated representatives of the ULB or the Agency, as

applicable

6) Procedure for Distribution of PPE Kits

A. PPE Kit Components

 Every Safaimitra shall be supplied with the following:

 Protective gloves (rubber/nitrile).

 Face masks (N95/3-ply cloth mask as applicable).

 Safety shoes/gumboots.

 Reflective jackets.

 Safety goggles (if handling hazardous waste).

 Rain coat

 Caps/helmets (if applicable).

B. Distribution Frequency

 Gloves & masks: Weekly/monthly replacement.

 Shoes/jackets/raincoat: Every 6 months or as per wear & tear.

 Immediate replacement if damaged.

C. Distribution Process

 PPE kits shall be issued through the ULB /agency on a quarterly/need basis.

D

Click Here to Read the rest of this document