Well-Digger’s Death: Madras HC Upholds ₹5.27 Lakh Award, Citing Co-Workers’ Evidence Of Employment

The claimants alleged that Palraj was employed by the appellant to dig a well and died after slipping while doing that work.

The appellant denied both the work and an employer–employee relationship.

The Deputy Commissioner of Labour, relying on the claimants’ evidence, awarded ₹5,27,800 with interest at 12% per annum.

The employer appealed against the award.

The appeal was brought under Section 31 of the Workmen’s Compensation Act, identified in the judgment as the “Workmen Compensation Act, 1932”.

The Court applied the evidentiary principle that an employment relationship and an accident arising in the course of employment may be established through credible oral evidence; the absence of documentary proof is not, by itself, conclusive where that evidence is corroborated and unrebutted.

No precedent was cited.

The claimant’s testimony that the deceased worked for the appellant was corroborated by two co-workers who testified as P.Ws.2 and 3.

The appellant did not enter the witness box, call an independent witness, or produce documentary evidence rebutting that account.

The medical and post-mortem records supported the fact of death and were consistent with the claimants’ account of the fatal incident.

In those circumstances, the Commissioner was entitled to accept the claimants’ evidence and find that the deceased was employed by the appellant and suffered the fatal injuries while doing that work.

The Court found no perversity or other ground for disturbing those findings or the compensation award.

The appellant was directed to deposit the award and interest within eight weeks, if not already deposited; the claimants could withdraw the amount in accordance with law.

No order as to costs was made, and the connected civil miscellaneous petition was closed.