JUDGMENT:

Aggrieved by the order dated 23.01.2018 (hereinafter referred to as ‘the impugned order) in E.C. Case No.63 of 2010 passed by the learned Commissioner for Employees’ Compensation and Assistant Commissioner of Labour, at Warangal (hereinafter referred to as ‘the learned Commissioner’), the claimant has filed the present Civil Miscellaneous Appeal.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned Assistant Commissioner.

BRIEF FACTS:

3. The brief facts of the case as borne out from the record are that the claimant filed a claim petition under the Employees’ Compensation Act, 1923 seeking compensation of Rs.3,36,725/- with interest for the death of her husband viz., Mr. Kalleboina Rajesham (hereinafter referred to as ‘the deceased’), who was working as a lineman on a monthly salary of Rs.17,500/- under the employment of the respondent, Singareni Collieries Company Limited. It is stated that on 20.10.2008 at about 12:10 hours, while performing his duties in the general shift at 2 SIM-15 DRP/POTY/16 level and marking V point by adjusting roof support logs, he suddenly slipped and fell down, and the crowbar in his hand caused a piercing injury to his left leg calf. He was immediately shifted by a co-employee to the Area Hospital, Manjunagar, Bhupalpally, wherein he was treated and sent home. On the following day, due to severe swelling and infection in the injured leg, he was again admitted and later referred to the Area Hospital, Godavarikhani, for better treatment. While undergoing treatment, he died on 25.10.2008 at about 8:15 hours. The post-mortem examination conducted by Dr. A. Narendra Babu reveals that the cause of death was cardio-respiratory arrest due to septicemia secondary to the left leg injury. A case in Crime No.194 of 2008 under Section 174 of the Cr.P.C., was registered at Bhupalpally Police Station and later closed by the Executive Magistrate as there was no accused.

4. The claimant stated that the death occurred during and in the course of employment under the respondent company and that she, being the wife and sole dependent of the deceased, is entitled to compensation. The claim petition was filed on 07.09.2009 within the period of limitation seeking compensation of Rs.3,36,725/- with interest, therefore, it is prayed that the respondent is liable to pay the same.

5. The respondent filed its counter admitting the employment of the deceased and also admitting the manner in which the accident had occurred. It was stated that the accident was reported to the Dy. CMO, Bhupalpally. Though the respondent admitted that the deceased had sustained injury and had taken treatment, it denied that the death occurred solely due to the injury caused during the employment and contended that the death might have occurred due to other reasons such as cardiac arrest. Therefore, it was contended that the death did not arise out of employment and that the respondent management is not liable to pay any compensation to the applicant. It is further stated that the Company had already paid certain terminal and other benefits, namely:

i. FBIS accumulation of Rs.1,835/-,

ii. FBIS death benefit of Rs.10,000/-,

iii. GIS death benefit of Rs.40,000/-,

iv. Gratuity of Rs.3,45,864.75,

v. Sahaj CMPF refund of Rs.3,17,841/-,

vi. Sahaj pension of Rs.1,726/-,

vii. Family Social Security amount of Rs.36,940/-,

viii. Matching Grant of Rs.5,000/-, and

ix. LSP claim in lieu of dependent employment and

x. MMC amounting to Rs.3,00,000/-.

6. During the pendency of the proceedings, the sole claimant i.e., Smt. Kanakamma died on 29.06.2011 and her major son, Mr. Kalleboina Thirupathi Rao, was brought on record as the legal heir of the deceased and the claimant. An amended application was filed on 29.02.2012 incorporating his name. The respondent also filed an additional counter contending that the petitioner is not entitled to any compensation.

EVIDENCE BEFORE THE LEARNED COMMISSIONER: