1975 (7) TMI 166

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....nt took place while Shri Muniswami was working on the electricity line in the course of his employment with the appellant. 2. Shri K.H. Muniswami was a holder of insurance policy No. 15 312588 under the Employees State Insurance Scheme. Shri Muniswami was in the employment of the Rajasthan State Electricity Board and on the day when he met with a fatal accident, that is on 6-11-66 he was working on the 33 K.V. Line Jumper of R.A.P.P. to change the phase sequence. While discharging his duties under his employment be met with the accident resulting in his instantaneous death. Thereafter Muniswami's wife Smt. Dhanalakshmi claimed compensation from the respondent. The Corporation fixed the compensation at Rs. 10,080/- and it is bung paid....

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....edings. It is, therefore, urged by Mr. Gopta that the cause of action for reimbursement in this case accrued to the Corporation when the claim of the widow of the appellant's employee was determined on 23rd of December, 1967, the damages became payable to the employee's wife only when they were determined & at the time of the determination of the damages, Section 66 was not in vogue as it had been repealed on 17th June, 1967. Learned Counsel for the Corporation, on the other hand, argues that the liability to pay the damages by 'he employer to the Corporation is a statutory one and the employer becomes liable to reimburse to the Corporation the damages paid by it, and that liability starts on the day when the accident had taken ....

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.... this case the accident took place on 6.11.1966 and the death of the employee occurred on that very day. Under the scheme of the Act, the liability of the Corporation to pay periodically the amount of damages to be determined by it starts and, therefore, the corresponding liability of the employer to reimburse the Corporation also starts from that very day. In my opinion if the damages were fixed by the Corporation at some later day when Section 66 of the Act had been deleted from the statute book, it is not open for the appellant to say that the liability which has started on the day of the accident ceased to exist because later on the section was deleted. In this view, the Rajasthan State Electricity Board is liable to reimburse the perio....