SMT. VIMLABEN VASHRAMBHAI AND ORS. Vs. THE GUJARAT HOUSING BOARD AND ORS.
HIGH COURT OF GUJARAT
The Gujarat Housing Board And Ors.
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S.N. Patel, J. -
(1.)THIS appeal is filed by the original applicants against the decision in the Workmen Compensation Application No. 57 of 1968 decided on 23rd April 1970 by the learned Civil Judge. (Senior Division), Baroda, dismissing the application with costs.
(2.)SHORTLY stated the facts are that the applicant No. 1 was a widow of the deceased workman Vashrambhai and the applicants Nos. 2 and 3 were the minor children of the deceased workman. The deceased workman Vashram was employed by the Opponent No. 2 through the Opponent No. 3 for constructing the buildings of the Opponent No, 1. On 24th November 1967 at about 10 a.m. while said Vashrambhai was carrying on masonary work of plastering the outer wall of the second floor in the course of his employment, he fell from the height of nearly 30 ft. and met with serious injuries which resulted in his death. The Gujarat Housing Board in the course of and for the purpose of its trade or business contracted with the opponent No. 2 for the execution of the work of the construction of the residential buildings. The opponent No. 1 had accepted the tender of Messrs Swadhin Builders, Engineers and Contractors -opponent No. 2 and entrusted them the job of constructing the buildings for the Opponent No. 1 near Race Course, Baroda -7. In the execution of the work of construction of the buildings under the said contract, the Opponent No. 2 had employed the deceased Vashrambhai Harjibhai as a mason through the Opponent No. 3 Messrs Pravin Brothers Engineers and Contractors. Said deceased Vashrambhai Harjibhai was entrusted with masonary work of the said buildings. Deceased Vashrambhai Harjibhai sustained the following injuries:
1. Two contused lacerated wounds 1" x 1/4' x scalp deep over occipital parietal region in mid -line.
2. Contused lacerated wound 1/2" x 1/4" x scalp deep, just adjacent to above injury.
Multiple abrasions over fore -head.
(3.)ABRASIONS over right hand and right elbow.
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