@ ^^ cf ": / APPELLANT IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)NO.- [^ /20( THE ORIENTAL IN&URANCE COMPANY LIMITED, KAMPTEE LINE, RAJNANDGAON, DISTRICT - RAJNANDGAON (C.G.), THROUGH REGIONAL MANAGER, MALVYIYA NAGAR, DURG, TAH. & DISTRICT - DURG (C.G.) i^:^'! ...^;^s^ ^.s^"" Vrs. RESPONDENTS :- 1. GANESH DAS S/0 GARIB DAS, AGE 42 YRS. ^ 2. DEOKI BAI W/0 GANESH DAS, AGE 38 YRS. ^ 3. VIMA D/0 GANESH DAS, AGE 17 YRS. ^4. NEM DAS S/0 GANESH DAS, AGE 15 YRS. MINOR RESPONDENT N0.- 3 & 4 THROUGH GUARDIAN MOTHER SMT. DEOKI BAI W/0 GANESH DAS, ALL RESIDENT OF VILLAGE NAHANDA , TAH -DOUNDILOHARA, DISTRICT - DURG (C.G.) (^ 5. M/s. JAYANTI LAL RATHORE, PARTNERSHIP FIRM - MAIN OFFICE, DALLIRAJHARA, DISTRICT - DURG (C.G.) ^6. TUSHARRATHORE S/0 JAYANTI LAL RATHORE AGE 34 YRS., NEW MARKET, RATHORE BROTHERS, DALLIRAJHARA, DISTRICT - DURG (C.G.) APPEAL UNDER SECTION 30 OF THE WORKMENS COMPENSATION ACT 1923 TTIZIVJQ^ '^76_64IV-J_AEEEALBYINSURANCE) /^:g(^».^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No. 159/2009 APPBLLANT The Oriental Insurance Company Limited / /I Versus RESPONDENTS Ganesh Das and others SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT:- Shri P. Datta, Advocate, for the appellant. Shri Jitendra Gupta, Adv. for the respondents No. 1 to 4. Shri Shiv Kumar Sahu, Adv. appears on instruction of Shri Uttam Pandey, Adv. for the respondents No. 5 and 6. ORAL ORDER (19-4-2011) 1. Heard learned counsel for the parties. 2. Instant appeal is directed against the award dated 10-11- 2008 passed by the Commissioner for Workmen Compexisation, Durg (briefly 'the Commissioner') in Case No. 145/WC Fatal/2007 whereby and whereunder an amount of Rs. 2,76,640/- has been awarded in favour of the claimants holding appellant/Insurance Company liable for its payment. 3. Facts of the case in brief are that on 23-3-2007, deceased Omkar Prasad Sahu along with other labourers were installing electric poll as per the direction of Supervisor of respondent No. 6. When they were drawing electric wire from one poll to another poll, Omkar Sahu died on spot due to electric current. Legal heirs of the deceased filed claim petition under Section 10 of the Workmen's Compensation Act, 1923 for compensation for the death of the deceased. Learned Commissioner on appreciation of the evidence led, material placed and submissions made, awarded Rs. 2,76,640/- to the claimants holding the -^m^ S?%S3S??gi3^gS3S"£35w-5 •-ffrs-^i'^f'yp ^^^' 'fc appellant/ Insurance Company liable for its payment. Hence this appeal. 4. Only submission made by Shri Sudhir Agrawal, learned counsel for the iippellant is that the policy covers labourers working at New Market, Dalli Rajhara whereas accident had occurred at Sambalpur, Dalli Rajhara and therefore, the deceased cannot be said to be insured under the policy. However he does not dispute that employer is a contractor doing work ofinstalling of electrical poll. Polioy is valid for whole area of Chhattisgarh, electrical polls are required to be installed at various places, office of the employer is situated in the place mentioned in the policy and attendance register is also kept there. In view of above, it cannot be said that person working is not insured and learned Commissioner has not committed any illegality in holding deceased as insured under the policy. 5. Learned counsel for the appellant could not point out any perversity, illegality or absurdity in the finding recorded by the Comraissioner and, no substantial question of law arises for determination of this Court. 6. Therefore, the appeal fails and is dismissed. Sd/- N.K. AgrawaJ Judge ^ ^-^SS^BC^S^ ... ^-^^ ISill^iK