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Showing contexts for: wall collapse . in Taluka Panchayat Mendarda vs Maliben Rukhadbhai on 24 April, 2019Matching Fragments
2. Workmen Fatal Case No.27/1996 was filed by legal heirs of one Rameshbhai Rukhadbhai who expired in an accident of collapsing of wall, while undertaking the work of renovating/constructing the wall of the Primary school, Dedakiyali. Respondent no.1 original claimant no.2 Maliben Rukhadbhai is the mother of deceased Rameshbhai Rukhadbhai (herein after referred to as "original claimant no.2") and respondent no.2original claimant no.1 Bhupatbhai Rukhadbhai (herein after referred to as "original claimant no.1") is the brother of deceased Rameshbhai Rukhadbhai.
5. This Court (Coram : Hon'ble Mr. Justice G.B. Shah, as he was then) by order dated 14.10.2011 ordered the Civil Application No.6438/2011 (renumbered as Civil Application No.1/2011) to be heard with the First Appeal No.3624/2007.
6. Brief facts of the case are as under:
6.1 One Rameshbhai Rukhadbhai stated to be aged 18 years, died due to an accident because of collapsing of wall of school belonging to respondent no.3 Gram Panchayat while doing repairing work. Therefore, original claimants no.1 and 2 filed Workmen Fatal case No.27/1996 before the learned Commissioner, Workmen Compensation, Junagadh against the Taluka Development Officer, District Primary Education Officer and Gram Panchayat for claim of Rs.2,26,380/ and also for penalty and interest.
16 Having considered the documentary and oral evidence adduced on record as well as the submissions made on behalf of the respective parties, it is not in dispute that the accident took place on 3.2.1996 wherein Rameshbhai Rukhadbhai, son of original claimant no.2 and brother of original claimant no.1 herein died due to collapsing of wall during the repairing work of Primary school of Gram Panchayat at village Dedakiyali.
17 Learned Commissioner after considering the oral evidence of original claimant no.2 mother of deceased Rameshbhai Rukhadbhai at Exh.26 together with deposition of original claimant no.1brother of deceased Rameshbhai Rukhadbhai at Exh.15, notice issued on behalf of the claimants at Exh.18, panchnama of place of the incident at Exh.21 and deposition of Taluka Development Officer at Exh.33 has come to the conclusion that the original opponents were jointly and severally liable for payment of compensation under the Act to the mother original claimant no.2. However, learned Commissioner in the final order has erroneously awarded the amount of compensation to both the claimants. Therefore, the impugned judgment and award is required to be modified to the effect that the compensation awarded by the learned Commissioner amounting to Rs.2,26,380/ is payable only to respondent no.1 hereinoriginal claimant no.2 Maliben Rukhadbhai, mother of the deceased Rameshbhai Rukhadbhai as she can only be considered as dependant as per the provision of section 2(1)(d) of the Act.