1 FA 1408.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1408 OF 20 10 Vishranti W/o Shrikrishna @ Shrikisan Waghmare and others. ... APPELLANTS V E R S U S M/s Executive Director, Kisanveer Satara S.S.K.Ltd., Bhoinj and others. .... RESPONDENTS Mr.S.B.Choudhari, Advocate for the appellant. Mr. D.R.Jaybhar, Advocate for Resp. no. 1. Mr. I.S. Thorat, Advocate for Resp. No. 3. CORAM : S.V. GANGAPURWALA, J. DATE : 25/04/2011 ORAL ORDER : 1. This is the Appeal by the original claimants, who had filed claim petition under the provisions of the Workmen’s Compensation Act [ For short, ‘ said Act ’ ] on account of death of Shrikrishna, who died on account of working in the field harvesting sugarcane as is claimed and alleged by the claimants. The Commissioner of Workmen’s Compensation, Beed rejected the said petition on the ground that the claimants failed to prove that the 2 FA 1408.2010 deceased received stress and strain while performing his duties during the course of the employment. Aggrieved thereby, the appellants have filed the present Appeal. 2. Mr. S.B.Choudhari, the learned counsel for the claimants submits that the medical certificate was produced on record, which showed the cause of death. Just because the deceased started vomiting after 1 ½ hours of the work, that would not be sufficient to negate the claim of the claimants that he died due to stress and strain received during the employment. According to the learned counsel, the Commissioner has gone on hypothetical consideration that in normal course of employment, the labours are doing their work through-out a day after some rest. The learned counsel submits that the Court could not have held on mere assumptions without considering the medical certificate produced. 3. The learned counsel further contends that the claimants are rustic illiterate persons, who are not aware of the procedural intricacies and the question of burden of proof. They have led the evidence as guided on legal advise. An opportunity deserves to be given to the claimants to adduce the evidence of the Doctor to prove the said medical certificate and the cause of death. 3 FA 1408.2010 4. Per contra, Mr. I.S. Thorat, the learned counsel for respondent no. 3 submits that it is not the case of no opportunity to the claimants. The claimants were given every opportunity to adduce evidence. On their own volition, they have chosen not to examine the Doctor. Now, the matter can not be remanded for filling in the latches and remand of the case for the said purpose could not be proper. For no sufficient evidence, the claimants can not be allowed to fill in the latches. For the said purpose, the learned counsel relies on the Judgment of the learned Single Judge of the Calcutta High Court in the case of Kalipada Dinda and others V/s Kartick Chandra Hait and others reported in AIR 1977 Calcutta – 3. 5. Mr. D.R. Jaybhar, the learned counsel for respondent no. 1 supports the arguments of Mr. Thorat, the learned counsel. It is further submitted by the learned counsel that the Commissioner has on appreciation of evidence correctly come to the conclusion that the death is not the result of the alleged employment. 6. With the assistance of the learned counsel, I have gone through the record and proceedings. 7. The said Act is a beneficial and social welfare legislation meant for 4 FA 1408.2010 the benefit of the claimants. It is meant to provide succor to the claimants. It is undisputed that the deceased was the labour doing work of harvesting sugarcane. The claimants are resident of remote villages and are ignorant of any court proceedings. They are not aware of the legal intricacies. The medical certificate was on record. The Doctor was not examined. Unless and until the Doctor is examined, the medical certificate can not be proved nor the cause of death would have been proved. Merely on hypothesis, the conclusion could not have been drawn. When it is said that the said Act is a part of beneficial legislation and social welfare legislation, the same will have to be interpreted for the benefits of the claimants. No doubt, a duty is also cast upon the applicant to submit the citation of the witnesses and on demand of expenses, issue summons for the appearance of such witnesses, unless the Commissioner considers that their appearance is not necessary for the just decision of the case. As such, the discretion has been given to the Commissioner to call for the witnesses as he considers their appearance to be necessary and just. In the case in hand, when the applicants are totally rustic and illiterate persons and were guided only by the legal advise, I feel it appropriate to give one more opportunity to the applicants to adduce evidence of the Doctor. The Judgment in the case of Kalipada Dinda and others V/s Kartick Chandra Hait and others referred supra may not apply to the present case in as much as the matter in issue therein was the 5 FA 1408.2010 substantive civil suit for declaration of title and not the case under the provisions of Social Welfare legislation. 8. In light of the above, I quash and set aside the impugned order and relegate the parties to the Commissioner, Workmen’s Compensation and Civil Judge (Sr.Division), Beed. The parties shall appear before the Commissioner on 13/6/2011. The respondent no. 2 though served, is absent. As such, the Commissioner shall issue notice to the present respondent no. 2 if he does not appear on 13/6/2011. The Commissioner shall after giving opportunity to the claimants to adduce evidence of the Doctor and the opportunity to the present respondents to adduce any evidence if necessary, shall decide the application within the period of six ( 6 ) months thereafter. The record and proceedings be sent back immediately. The First Appeal is accordingly disposed of . 9. It is made clear that if at all on appreciation of evidence, the Commissioner comes to the conclusion that the claimant is entitled for some amount, then the claimants would not be entitled for the interest till this date. [ S.V. GANGAPURWALA,J. ] KNP/FA 1408.2010 6 FA 1408.2010