Calcutta High Court (Appellete Side)
Sharbani Banerjee vs Coal India Limited & Ors on 9 April, 2021
09.04.2021.
Item no. 80.
Court No.13
ap W.P.A. No. 2679 of 2021
(Through Video Conference)
Sharbani Banerjee
Versus
Coal India Limited & Ors.
Mr. Monish Sen,
Ms. Oisani Mukherjee.
...For the petitioner.
Mr. Manik Das.
..For the respondent nos.2 to 5.
The writ petitioner's husband, namely, Nirmal
Kumar Banerjee, was working as a Pump Khalasi in
the Central Kajora Colliery, Eastern Coalfields Limited.
On 5th November, 2009 the said Nirmal Kumar
Banerjee, who was aged 53 years, died on the date of
11:14 Deep No.6.
Admittedly, no other person died or sustained
injuries along with the petitioner's husband on the
said date, place and time. The mine was functioning as
usual. The petitioner received a sum of Rs.45,000/- in
terms of Clause 9.2.6 of the National Coal Wages
Agreement-VIII dated 24th January, 2009.
The petitioner also succeeded before the
Authorities under the Workmen Compensation Act.
By a judgment dated 13th June, 2016, the
Commissioner of Workmen's Compensation, Durgapur
found in Claim No. 2/15 in (Smt. Sharbani Banerjee -
Vs. - Central Kajora Colliery, E.C.L.) that the petitioner
died in course of employment.
The petitioner has additionally claimed a sum of
Rs.5,00,000/- in terms of Clause 9.2.7 of the aforesaid
NCWA.
Counsel for the Eastern Coalfields Limited, Mr
Das, would contend before this Court that the
petitioner's husband's death did not occur due to any
'Fatal Mine Accident'. He submits that since
occurrence of a fatal mind accident is a condition
precedent for invocation of Clause 9.2.7, the petitioner
cannot maintain any claim thereunder.
Admittedly, the post mortem report of the
petitioner reveals that he died due to shock and
hemorrhage. As to what exactly caused the shock and
hemorrhage remains unexplained.
Admittedly, a fatal mine accident is only one of
the causes of death in a coal mine. Such accidents
happen primarily for two reasons. Firstly, for acts
beyond the control of the Mine Managing Authority of
the mine i.e. "Vis Major". Secondly, due to some overt
act of omission or commission on the part of the Mine
Managing Authority.
The issue requiring adjudication is as to whether
the petitioner can claim the said sum of Rs.5,00,000/-
under Clause 9.2.7 even outside the scope of the
aforesaid two causes of Fatal Mine Accident.
To put it in another way is as to whether there
can be a strict liability to pay Rs.5 lacs can be imposed
on the Colliery in case of any death occurring inside
the mine that even it cannot be strictly categorized as
a "Fatal Mine Accident" as understood in ordinary
parlance.
Since evidence as regards the actual cause of
the shock and hemorrhage to the petitioner is not
before this Court, the respondents shall file affidavit-
in-opposition to the main writ application within a
period of four weeks from date bringing on record all
the relevant materials including post mortem report
and the actual cause of death of the writ petitioner's
husband. Affidavit-in-reply may be filed within a
period of one week thereafter.
Liberty to mention the matter for early hearing
after completion of pleadings.
It is made clear that in the event the writ
petitioner succeeds, the said sum of Rs.5,00,000/-
shall be payable together with interest.
Urgent photostat certified copy of this order, if
applied for, be given to the parties upon compliance of
all formalities.
(Rajasekhar Mantha, J.)
