Case: Elkachenu Kistamma &amp; Another Vs. United India Insurance Co. Ltd. &amp; Another

The husband of Appellant No.1 was working as a driver with Respondent No.2 in a riceelectrical problem arose in the rice mill due to the burning of a fuse in the transformer. It appears that the husband of Appellant No.1 was asked by the employer to look into the matter and see if the fuse could be replaced. While the husband of Appellant No.1 was obeying the orders of his employer, he suffered an electric shock, fell down from the transformer and died on the spot.In view of the death of the husband of Appellant No.1, a claim was made to the Commissioner for Workmens Compensation and Assistant Commissioner of LabourI, Hyderabad. The Commissioner, by an order dated 16th July, 2009, awarded total compensation of Rs. 4,17,586/Feeling aggrieved by this award, the Insurance Company (Respondent No.1) preferred an appeal before the Andhra Pradesh High Court being Civil Misc. Appeal No.1130 ofan order dated 29th November, 2010, the High Court took the view that it was not part of the duties of the husband of Appellant No.1 to repair the electrical fault. Therefore, as per the Rules the appellants were not entitled to any compensation.

Reasoning: Under the circumstances, we set aside the order passed by the High Court and restore the award made by the Commissioner for Workmens Compensation and Assistant Commissioner of Labour. We make it clear that the awarded amount will be in addition to any other amount that has been received by the appellants from the employer or from any other source as a result of the accident.