<^' HIQH COURT OF CHHATTISGARH, BILASPUR DB: HON»BLBI.M. QUDDU8I & HON»BLBPRABHANT KUMAR MISHR^, JJ M. A (Cl No. 1151 OF 2009 Vs. APPBAL UNDBR SBCTION 30 OF THB WQRKMBN*S COMPEN&ATION ACT. 1923 APPEARANCB Mr. Gautaca Bhadiui, Coiuisel for fhe appeUant. Mr. Amrito Das, counsel for fhe rcspoxident Per I.M. OUDDUSI. J QRDBR (ORALl (11.04.2011) This appeal has been filed by the employer agamst the impugned award dated 04,05.2009 passed by fhe Coxnniissioner for Workcaen>s Coinpensation Act, 1923 (Labour Court), Durg (C.G) in Case No. 86/WCA/Patal/ 2006 directmg fhe appeUaat to deposit Rs.3,79,568.00 towards conipensation iacluding penalty on account of death of ite einployee Goverdhaa, Brief facts of the case are that deceased Goverdhaa was workiag as Seidor Techniciaa (S-9 Grade) ia Mechaoical aad Maiatenance Section of Wire Rod MiU of Bhilai Steel Plaat On 21.10.2001, he was on duty in the first shift (6 a.m to 2 p.m). He reported for duty on time at 6 a,m. At about 6.10 a.rii., while he was on duty, he feU down near the TroUey aad sustaiaed iatemal injiiries. He was iramediately brought to the maia Medical Post jfrom where he was referred to the APPELLANT Steel Aufhority of India Limited fhrough : Maas^ing Director, Btdlai Steel Nant, Bhilai (C.G). RBSPONDENT Smt. Tijan Bai Widow of Late Goverdhaa C/ o Shobharaca Banjare, ViUage Paraulidih, P.0, Khopra, Thaaa Abhaapur, Distdct Raipur(C.G). 3. ?A mam Hospital of Sector-9 where he was declared dead. His body was sent for postaiortein. At fhe time of accident, fhe deceased was aged about 55 years and was eaming Rs.9285/- per montih, The claimaat beiag dependexit/legal representative has filed claim petition for fhe award of compensation wifh iaterest ia lieu ofdeath oftfae deceased. The leamed Commissioner has heM that as a reault of the accident during fhe course of his exnployment iinder the appellaat, fhe deceased died aad the appeUaat is respoasible to pay conipensation to fhe dependent ofthe deceased under fhe Workiaen^s Coixipensation Act He was aged about 55 years aad his monfhly salary was Rs.9285/-. The Commissioner has awarded a compensatioa of Rs.2,71,120/- aad has also imposed 40% peaially on fhe said award fhat is Rs. 1,08,448/- which fhe clamiaiit is enMtied to receive froni fhe appeUaat. Learaed counsel for the appellaat has submitted fhat fhere was no accident aad no injuiy also, as such fhe appellant is not liable to pay coxcipensation, We have heard learaed counsel for the parties at lengfh aad have also gone fhrough fhe records. We found fhat fherc is aa Injury Reported at Works (Ex.P-4C) issued by fhe Actmg Medical Officer of fhe Dispensaiy, m which it was ircported that no exteraal iajury was detected but patient's condition was veiy poor, Ups were staiaed wifh. blood and the body was cold aad cahny (iUegible). Besides fhe above, there is a certified daUy presence slip (Ex.P-5C) issued by fhe Senior Executive Mr.Deshmukh m respect of fhe date when fhe deceased einployee reported on duly. HonT3le fhe Apex Court ia fhe case of Jjyotfd Ademma -^s- Flant JB»»gri»icer,NeUore & Aiwther reporlxd in Affi fi^W VaL4 3949 has held fhat expression <Kaccideaf meaas aa iintoward mishap which is not expected or desi^aed. "Injury?> ineaiis physiological iajiiry. Therefore^ fhe scriber of fhe above two documents should have been exanimed to ascertaia whefher fhere was aay type of mjuiy caused to the deceased or not as in our opiaion, their statements were vexy importaiit to ascertaia the facts. 8. In view of the above, we have no other way except to reinit the matter back to fhe Commissioner, Workmen's Compensation for decision afresh. He shaU summon aiid exaaiiae the above two persons as weU as fhe Senior Maaager who has also made his signatures over the report with tioie and shaU make the award afesh. Therefore, we atlow fhis appeal ia part aad set aside fhe impugned award dated 04.05.2009 for fhe purpose of decision a3&iesh, The parties shaU appear beforc fhe Commissioner on 10th of May, 2011 before the learaed Commiissioner. The Lower Court Records shall be sent back wifhout further delay. ^ Rao Sd/- LM-Quddusi Judge Sd/- Prashant Kumar Mishra Judge