c.^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR' M.A. No. i^y^J> OF 2009 APPELLANTS/ : ^CLAIMANTS ^^^ f^ ^^ ^•w:;;«^w^ 9^^u ".....^•v &^""" Smt. Premlata Sahu, W/o. Sita Ram Sahu, aged about 30 years, R/o\ Village - Deori,Tahsil - Katghora, Distt. Korba (C.G.) ; , ; VERSUS ^ RESPONDENTS : 1. Manager (Personal), Aiyan Coal Washery, Chakabudha, Dipika, Tahsil - Kathghora, Distt. Korba (C.G.) 2. Bhukhan Kashyap, S/o. Ram Kumar, R/o. Quarter No. 69/2, Side ofBanwari Site, Bankimongra, Tahsil - Kathghora, Distt. Korba (C.G) 3. Branch Manager, United India Insurance Company Limited, Branch - T. P. Nagar, Stadium Road, Korba, Tahsil & Distt. Korba (C.G.) APPEAL UNDER SECTION 30 OF THE WORKMEN COMPENSATION ACT 1923 ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HQN'BLE MR. I.M.QUDDUSI & HON'BLE IVIR. G. MINHAJUDDIN. JJ. ADpeltants/ Claimants Respondents M.A. rcl No. 1623/2009 Smt. Premlata Sahu Vs Manager (Personal), Washery and others. Aryan Coal Present: Mr. Vinod Deshmukh, counsel for the appellant. Mr. Alok Kumar Gupta, counsel for respondent No.1. Mr. Suresh Verma, counsel for respondent No.2. Mr. H.B. Agrawal, Sr. Advocate with Mr. Pankaj Agrawai, counsel for respondent No.3. ORDER(Oran (6th July, 2011) Per I.M. Quddusi. J; 1. .Thjs appeal has been filed against the award of the Commtesioner, Workmen Compensation-cum-Labour Court, Korba, dated 30.10.2009 passed in Case No.47/WCA/07(Fata() by the appeljant/daimant, dismissjng the clajm petition filed by the claimant. 2. Brief facts of the case are that deceased Sitaram Sahu is the husband of the appellant/claimant. He was working as a Mazdoor under the employment of respondent No.2 Bhukhan Kashyap, who was a contractor in the company of respondent No,1. Since he was eligible and having the experience of welding job, he was engaged for welding job. On 19.8.2007 while he was doing wetding job with his colleague Yogesh Kumar, the gas pipe used for welding purposes got leaked, as a resutt of which, the welding gas entered into the body of the deceased by inhaling and he started feeling suffocation. He was admitted in SECL Hospitaj, Bankimongra by hte famiiy members, but he died during thecourse of treatment on 20.8.2007 at about 12.30 jn the night. Report of the inddent was iodged at Police Station : Bankimongra by his relatives and r^fc •^^ thereafter, postmortem of the deceased was conducted. At the time of incident, the deceased was 30 years and earning Rs.110/- per day. The relatives of the deceased claimed compensation from respondents No. 1 & 2, but the same was denied to them. Therefore, a claim petition was filed by the claimant before the Commissioner, Workmen Compensation for a total compensation of Rs.3,43,086/- against the death of SJtaram Sahu. 3. We have heard learned counsel for the parties, perused the LCR as also the impugned award. 4. Upon perusal of the LCR, we find that the Tribunal has held that the deceased was working under the employment of respondent No.2 namely Bhukhan Kashyap, who was having a company namely M/s Shivam Enterprises, which was given work order for instajlation/jayout of MS/PVC pipes by Aryan Coal Benefications Pvt. Ltd. vide letter dated 11.7.2007. The work order was awarded for a period of one year. It was mentioned therein that the work of fabrication and erection of steel bunker with gantry and other equipment erection at Dipka, Binjhri and Chakabura plants as per discussed rates were under the terms and conditions, which were mentioned therein. Condition No.2 was that the gas and electrodes required for the job are inclusive ofthe rate given. The United India insurance Co. Ltd. has insured three skilled and five unskilled workers, who were engaged in installation/layout of MS/PVC pipes by Aryan Coal Benefications Pvt. Ltd. at its Dipka Washery. 5. it was admitted by respondent No.2, jn hjs statement before the Commissioner, that the deceased worked up to 5.30 pm. In the notice sent to him by the counsel of widow of the deceased namely Smt. Premlata Sahu - claimant, it was, inter alia, mentioned that her husband was near gas cylinders, who came into contact of gas teakage and inhaled the gas and came to his house. He was feeling uneasiness and when the family members asked the reason for the same, he informed them about the incjdent and thereafter, hg was admitted in SECL Hospital,Bankimongra. 6. The postmortem report of the deceased, inter alia, indicates that viscera was preserved for chemical analysis and report of the same ^< ^r M^ was not received and impugned award was made jn the absence of the same without knowing any reason. The above facts and circumstances have also not been considered by the Commissioner, Workmen Compensation, while passing the impugnedaward. 7. Therefore, in our considered opinion, the matter requires reconsideration at the end of the Commissioner, Workmen Compensation. Therefore, we allowthis appeal in part, set aside the impugned award and remit the matter to the Commissioner, Workmen Compensation, Korba, to decide the case afresh after giving opportunity of hearing to the parties, in the light of the observations made above. The Commissioner shall summon the viscera report from the Forensic Science Laboratory, Raipur and record necessary statements. 8. Needless to mention that the parties shall be allowed to amend the pleadings, adduce further evidence, file documents or get the documents verified eto. and thereafter, the award shall be made afresh. 9. Parties shall appear before the Commissjoner, Workmen Compensation, on 9( August, 201 1. 10. LCR shall be sent back to the Commissioner without further delay. 11. No order as to costs. 12. Certified copy as per rules. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge ^