Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and Respondent-J.S.E.B. Petitioner has claimed Rs. 2 lakhs in terms of Clause 3(a)(iii) of Accident Compensation Scheme, 1988 framed by Bihar State Electricity Board in exercise of the powers conferred under Section 79 of Electricity (Supply) Act, 1948. Petitioner's husband died due to A/C Intra Cerebral Haematoma as per certificate of death (Annnexure-9) issued by Kerala Institute of Medical Sciences, Trivandrum.
(2.) Petitioner by way of supplementary affidavit filed on 25th April, 2017 has tried to make out a case that her husband, Senior Chemist was authorized to inspect the materials at M/s. Indian Rare Earth Ltd., Rare Earths Division, Udyogamandal, Ernakulam, which was under agreement to make certain supplies to Respondent-Electricity Board (Annexure-6) being Memo No. 893 dated 1st August, 2002 issued by Electrical Superintending Engineer, Patratu Thermal Power Station.
(3.) According to the respondents, the employee was not covered under Accident Compensation Scheme, 1988 in terms of Clause-3 relied upon by the petitioner as the death was not in an accident in discharge of duty assigned to him in an authorized manner, rather death was on account of medical reason with which the employer had no connection. Employer cannot be made to bear any liability for the death of her husband under the provisions of Scheme.;