NAVDEEP GUPTA Vs. RAMPYARE GUPTA

JUDGEMENT

(1.) The present is an appeal under Section 30 of the Employee's Compensation Act, 1923 (for short, the Act, 1923) filed by the employer against the award dated 18.03.2011 passed by the Commissioner for Workmen Compensation, Labour Court, Durg, in case No.183/2007/WC Act (Fatal). Vide the said impugned award, the Commissioner in a claim case filed by the parents of deceased has awarded compensation of Rs.2,77,855/- along with interest @ 12 percent per annum.

(2.) The facts of the case is that, Sunil Kumar Gupta was said to be indirectly engaged by the appellant-employer under one of its employee who were entrusted with the work of collecting money from the market owed upon the appellant-employer. On 28.09.2007, said Sunil Kumar Gupta was found dead on the road with accidental injuries over his body. The contention of the claimant is that the deceased had gone along with the driver of the Matador engaged by the appellant for his business purpose and in the course the deceased met with an accident resulting in his death. The claim of the claimant was that since the accident arose in the course of his employment and the deceased also working under the appellant, he should be suitably compensated under the provisions of the Act, 1923.

(3.) The appellant herein entered appearance before the Labour court denying entitlement of the claim and took a objection so far as the deceased being employee of the appellant. It was also the contention raised by the employer that there was no direct nexus between the nature of employment and the accident which occurred resulting into death of deceased. It was also contended that the accident did not arose in the course of and arising out of the employment. Therefore, the appellant could not be fastened with the liability of payment of compensation. Thus, prayed for quashing of the award impugned.