High Court Rajasthan High Court

Divisional Railway Manager, W.R. vs Smt. Shamsadi W/O Alimuddin on 20 September, 1986

Rajasthan High Court
Divisional Railway Manager, W.R. vs Smt. Shamsadi W/O Alimuddin on 20 September, 1986
Equivalent citations: 1987 (1) WLN 320
Author: G M Lodha
Bench: G M Lodha


JUDGMENT

Guman Mal Lodha, J.

1. This appeal is against the judgment of Workmen Compensation Commissioner, Bharatpur dated 30-9-1980, in a workmen case No. 22 of 1977 whereby he awarded Rs. 19,200/- as compensation and Rs. 300/- as costs of the respondents.

2. Alimuddin deceased was on duty 6-7-1976 at 9 a. m. his finger was bitten by a scorpion. He was sent to Railway Hospital Bayana on 9-7-1976 for treatment. He was sent to Railway Hospital Kota on 16-7-1986 for treatment, He was operated in Maharao Bhim Singh Hospital, Kota on 23-7-1976 where it was detected that he was suffering from tetanus. Alimuddin died on 26-9-1976 at 3.30 p. m. The compensation commissioner has allowed compensation but the Railway has filed this appeal.

3. Mr. Bafna’s is submission is that the death was due to tetanus and not scorpion bite, I am unable to accept this contention. The scorpion bite took place on 9-7-1976 and then from that time he was admitted in hospital from 9-7-1976 for treatment He was sent to the Railway Hospital on 16-71976 from Bayana for treatment and operation was conducted. He was then transferred to Maharao Bhim Singh Hospital on 23-7-1976. During all these processes be was being treated and taken care of by the Railway because the accident happened when he was on duty.

4. The development of tetanus is incidental and consequential because after the scorpion bite some complication developed and due to those complications the employee developed tetanus. Obviously this tetanus must have been and should have been on account of either some thing which happened during this period in hospital or by way of some injection or some such clinical contact when the workman was indoor patient this was all consequential to the scorpion bite on account of which he was made indoor patient in the hospital by the railway authorities.

5. Consequently I do not find any reason to take a different view than the one taken by the Workmen Compensation Commissioner. It must be mentioned that the legislation of the Workmen Compensation of Act is a social welfare legislation and beneficial interpretation should be taken for allowing compensation where the workmen dies in harness by accident may be scorpion bile or any mechanical injuries caused.

6. Consequently I find that the order of the Workmen Compensation Commissioner suffers from no infirmity. The appeal is dismissed without any order as to costs.