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Bombay High Court

WALMIK BABASAHEB KAMBLE AND ORSversusTHE PRESIDENT, MALEGAON SAHAKARI SAKHAR KARKHANA, BARAMATI AND ORS

Disposal
DISMISSED

Holding

The appeal does not raise any substantial question of law and is dismissed, upholding the Commissioner’s finding that the death is not compensable under the Employees Compensation Act.

Summary

The appellants, children of a deceased sugar‑cane labourer, appealed under Section 30 of the Employees Compensation Act, 1923 against the Commissioner’s order that the death was not compensable. The father died on 1 May 2014 while employed by the sugar factory through a labour contractor. A post‑mortem showed death due to intestinal gangrene and perforation, which the medical officer attributed to excessive liquor consumption. The appellants offered no contrary medical evidence, and the Commissioner concluded that the death was not caused by any injury arising in the course of employment. The High Court found that the appeal raised no substantial question of law and upheld the Commissioner’s finding. Consequently, the appeal was dismissed without costs.

Issues considered

  • Whether death caused by intestinal gangrene due to excessive liquor consumption constitutes an injury arising out of and in the course of employment under the Employees Compensation Act, 1923.
  • Whether the Commissioner’s finding that the death was not due to any injury during employment is legally sustainable.

Legislation cited

Subjects

  • Employees Compensation
  • Section 30
  • death in service
  • cause of death
  • post mortem
  • liquor consumption
  • industrial accident

Judgment

2026:BHC-AUG:42360



                                                            1                          31.FA.331.2020.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           AURANGABAD BENCH : AURANGABAD
                                     FIRST APPEAL NO.331 OF 2020
           Walmik Babasaheb Kamble and ors .Vs. The President, Malegaon Sahakari Sakhar
                                  Karkhana, Baramati and ors
         Office Notes, Office Memoranda of              Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
                                   Mr. S.B. Choudhari, Advocate for appellant.
                                   Mr. Y.K. Bobade, Advocate for respondent Nos.1 and 2.


                                   CORAM : ROHIT W. JOSHI, J.
                                   DATE : 15/09/2026

                                   1.             The present appeal is filed under Section 30 of
                                   the Employees Compensation Act, 1923 in order to assail
                                   judgment and order dated 18.09.2017 passed by the
                                   Commissioner Workmen’s Compensation, Beed in W.M.C.
                                   No.02 of 2016. Appellants are sons and daughter of late
                                   Babasaheb Kamble who was engaged as a labour for cutting
                                   sugar cane with respondent No.1/sugar factory through
                                   respondent No.3/labour contractor.
                                   2.             It is the case of the appellants that their father
                                   had died on 01.05.2014 during the course of his
                                   employment with respondent No.1. After demise of the
                                   deceased, post mortem examination was conducted. It is
                                   mentioned in the post mortem report that he died due to
                                   gangrene in the intestine. The respondents have examined
                                   the medical officer who has conducted the post mortem of
                                   the deceased. The medical officer stated that there was a
                                   hole in the intestine of the deceased and that the intestine
                                   was found to be ruptured. The medical officer opined that
                            2                      31.FA.331.2020.odt

        this medical condition had developed due to excessive
        consumption of liquor. The reasons recorded in the post
        mortem report shows cause of death as, “death due to
        hypoxia due to intestinal obstruction and perforation”. The
        appellants did not lead any medical evidence to the
        contrary.   The    finding   recorded    by   the    learned
        Commissioner that the death was not on account of any
        injury suffered during the course of employment is based on
        the aforesaid medical evidence.
        3.          Having regard to the aforesaid, in the
        considered opinion of this Court, the appeal does not given
        rise to any substantial question of law. No case is made out
        for interference. First Appeal is dismissed with no order as
        to costs.

                                          (ROHIT W. JOSHI, J.)




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