HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CMA.No.460 of 2010 Date:24.07.2014 Between:
The Colliery Manager, SRP-1 Incline, Adilabad District and another.
And:
Nagula Shirisha, D/o Nagula Rajamouli and two others.
……Appellants ..…Respondent Counsel for the appellants: Sri J.Prabhakar Counsel for respondent No.3: Sri Yadagiri Katkam Counsel for respondent Nos.1 & 2: None appeared The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CMA.No.460 of 2010 JUDGMENT:
This Civil Miscellaneous Appeal is filed against award, dated 10.03.2010, in W.C.No.20 of 2004 on the file of the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Warangal.
I have heard learned counsel for both parties and perused the record.
One Nagula Rajamouli (hereinafter referred to as the deceased) was employed as Tyndal at SRP-1 Incline, Project area, Srirampur by the appellants. It was alleged that the deceased slipped and fell on a pipe line on 31.05.2002 in the course of his employment; that he was taken to Srirampur Dispensary along with the accident report issued by the Officer in-charge; and that on 13.06.2002, he was shifted to Osmania General Hospital, Hyderabad, where he died on 30.08.2002 while taking treatment. The wife of the deceased has predeceased him and therefore, his unmarried daughter and two sons filed W.C.No.20 of 2004 before the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Warangal claiming compensation for the death of the deceased.
The appellants filed a counter-affidavit, wherein they have denied the liability for payment merely on the ground that the deceased suffered from the Chronic illness of convulsions and that therefore, because of the said ailment, he fell down and suffered injuries.
The Commissioner has framed the only point, namely, whether the deceased workman met with an accident out of and in the course of his employment with the opposite parties resulting in his injuries and death?
While allowing the claim of the respondents, the Commissioner has relied upon Ex.A-1-accident report. A perusal of Ex.A-1 shows that the Officer in-charge of Singareni Collieries Company Limited has sent the accident report to the Medical Officer, Srirampur Dispensary, wherein it is mentioned “when the deceased was getting into the mine, he has slipped and fell on the pipe and received injury above his left eye.”
The Commissioner has placed heavy reliance on Ex.A-2 and on appreciation of oral evidence of P.Ws.1 to 3 and R.Ws.1 and 2, he has accepted the claim of the respondents and rejected the plea of the appellants.
On re-appreciation of the oral and documentary evidence, I am of the opinion that the Commissioner has not committed any error legal, jurisdictional or otherwise. Hence, I do not find any merit in the appeal and the same is, accordingly, dismissed.
24th July, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY