Case Note & Summary
The case involves an appeal by the Sub Divisional Officer, Telegraphs, Parbhani against an order granting compensation to the widow and children of a deceased labourer, Bhaskar Vahule. The deceased was employed as a labourer with the appellant. On 20th September 1992, he suffered injuries while working and subsequently died on 5th October 1992. The respondents, being the widow and minor children, filed a petition for compensation under the Workmen's Compensation Act. The Commissioner for Workmen's Compensation awarded compensation, which was challenged by the appellant on the ground that the death did not arise out of and in the course of employment. The High Court framed the substantial question of law as whether the deceased died out of and in the course of employment. After hearing the parties, the court upheld the Commissioner's finding that the injuries were sustained during employment and the death was causally connected, thereby dismissing the appeal. The court emphasized that the evidence on record supported the causal link between the injuries and the death, and no substantial question of law arose for consideration.
Headnote
A) Workmen's Compensation - Death arising out of employment - Causal connection - Workmen's Compensation Act, 1923, Section 3 - The court considered whether the death of a labourer occurred out of and in the course of employment. The deceased suffered injuries on 20.09.1992 while working and died on 05.10.1992. The court held that the injuries were sustained during employment and the death was causally connected to those injuries, thus the employer was liable for compensation. (Paras 1-2)
Issue of Consideration
Whether deceased Bhaskar died out of and in the course of employment as labour with the appellant on 5.10.1992 owing to injuries suffered on 20th Sept., 1992.
Final Decision
Appeal dismissed. The court held that the deceased died out of and in the course of employment, and no substantial question of law arose.
Law Points
- Workmen's Compensation
- Death arising out of and in the course of employment
- Burden of proof
- Causal connection between injury and death
