Mines Act, 1952
23. Notice to be given of accidents.—
(1) Whenever there occurs in or about a mine— (a) an accident causing loss ... such posting. (1A) Whenever there occurs in or about a mine an accident causing reportable injury to any person, the owner, agent or manager
submitted that the distinction
between death in mine and death arising out of mine accident
was required to be borne in mind by the learned ... employment caused in the premises of mine has to be treated to be
a mine accident and directed for payment
regulated as under:
i) In case of death due to mine accident, the female
dependant would have the option to either accept the
monetary compensation ... case of death/total permanent disablement due
to cause other than mine accident and medical unfitness
under Clause 9.4.0., if the female dependant is below
there is a permanent disablement of an employee due to
a mine accident that employment is to be offered to the female
dependant ... death of an employee due to
causes other than a mine accident. He submitted that the appellants
had unnecessarily sought to differentiate between the death
regulated as under :
(i) In case of death due to mine accident,
the female dependant would have the
option to either accept the monetary
compensation ... case of death/total permanent
disablement due to cause other than
mine accident and medical unfitness
under Clause 9.4.0., if the female
dependant is below
read as under :
(i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation ... case of death total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0 if the female dependant is below
Para 9.5.0 (i) provides that in case of death due to mine accident, the female
dependant would have the option to either accept the monetary ... Since Geeta did not
die as a result of a mine accident, sub-para (i) has no application. Sub-para (ii) of
para 9.5.0 provides
regulated as
under :
i) in case of death due to mine
accident, the female dependant would
have the option to either accept the
monetary compensation ... case of death/total permanent
disablement due to causes other than
mine accident and medical unfitness
under Clause 9.4.0, if the female
dependants is below
reproduced below:
"9.5.0 (III): In case of death either in mine accident or for other reasons or
medical unfitness under Clause ... regulated as under:
i) In case of death due to mine accident, the female dependant
would have the option to either accept the monetary compensation
direction of the
mine in a regular manner could not ensure that the part of the mine where
the accident took place was not worked ... mines under them and
they exercised management control, supervision of the mine but they failed
to ensure that the place where the accident took place
