REGENT COMPUTRONICS PVT. LTD.

RAM NIWAS GUPTA Appellant

V/S

Bindu Singh And Others Respondents

Referred Judgements :-

WILSON V. OWNERS OF THE CARGO PER THE XANTHO [REFERRED TO]
FENTON V. THORLEY [REFERRED TO]
BOARD OF MANAGEMENT OF TRIM JOINT DISTRICT SCHOOL V. KELLY [REFERRED TO]
CHALLIS V. LONDON AND SOUTH WESTERN RLY. CO. [REFERRED TO]
CLOVER,CLAYTON AND COMPANY,LTD. V. HUGHES [REFERRED TO]
NISBET V. RAYNE AND BURN [REFERRED TO]
HERRINGTON V. BRITISH RAILWAYS BOARD [REFERRED TO]
HOME OFFICE V. DORSET YACHT CO. [REFERRED TO]
LONDON GRAVING DOCK CO. LTD. V. HORTON [REFERRED TO]
LORD SUMMER IN LANCANSHIRE AND YORKSHIRE RAILWAY V. HIGHLY [REFERRED TO]
MARLES V. PHILIP TRANT AND SONS LTD. [REFERRED TO]
SMT. SATIYA V. SUB-DIVISIONAL OFFICER,PUBLIC WORKS DEPARTMENT 9 BUILDINGS AND ROAD,NARSIMHAPUR [REFERRED TO]
SHEPHERD HOMES LTD. V. SANDHAM (NO. 2) [REFERRED TO]
THE SECRETARY MADRAS GYMKHANA CLUB EMPLOYEES' UNION V. THE MANAGEMENT. THOM OR SIMPSON V. SINCLAIR [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. V. GITABEN SAITANSINH RAJPUT [REFERRED TO]
BRANCH MANAGER,NATIONAL INSURANCE COMPANY LTD. V. RAHMATH [REFERRED TO]
G. AMSAVENI V. V. KOMALA [REFERRED TO]
M.A. KAREEM SAB V. PALANIYAMMA [REFERRED TO]
NATIONAL INSURANCE CO. LTD. V. SABITA GOPE [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. V. THANKAMMA [REFERRED TO]
MACKINNON MACHENZIE AND CO PRIVATE LIMITED VS. IBRAHIM MAHMMED ISSAKF [REFERRED TO]
MACKINNON MACHENZIE AND CO PRIVATE LIMITED VS. IBRAHIM MAHMMED ISSAKF [REFERRED TO]
RITA DEVI VS. NEW INDIA ASSURANCE COMPANY LIMITED [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. N R VAIRAMANI [REFERRED TO]
JYOTHI ADEMMA VS. PLANT ENGINEER NELLORE [REFERRED TO]
SHAKUNTALA CHANDRAKANT SHRESHTI VS. PRABHAKAR MARUTI GARVALI [REFERRED TO]
RASHIDA HAROON KUPURADE VS. DIV MANAGER ORIENTAL INS CO LTD [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. KANSHI RAM [REFERRED TO]
D S CONSTRUCTIONS LTD VS. RAJ KALI DEVI [REFERRED TO]
KARTICK CHANDRA SAHA VS. STATE [REFERRED TO]
PUBLIC WORKS DEPARTMENT VS. KAUSA [REFERRED TO]
SATIYA VS. SUB-DIVISIONAL OFFICER P W D BUILDINGS AND [REFERRED TO]
BHARAT HEAVY ELECTRICAL LTD VS. GYAN KAUR [REFERRED TO]
VARKEYACHAN VS. THOMMAN [REFERRED TO]
BHAGUBAI VS. GENERAL MANAGER CENTRAL RAILWAY V T BOMBAY [REFERRED TO]
BHAGUBAI VS. GENERAL MANAGER CENTRAL RAILWAY V T BOMBAY [REFERRED TO]
LAKSHMI VS. PROPRIETOR HOTEL AJANTHA [REFERRED TO]
PARLE PRODUCTS LIMITED VS. SUBIR MUKHERJEE [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. SHEELA BAI JAIN [REFERRED TO]
BRANCH MANAGER UNITED INDIA INSURANCE CO LTD VS. SRINIVASA [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. PHILO [REFERRED TO]
STATE OF MAHARASHTRA VS. ARTI ASHOK KAPSHIKAR [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. SHAKEELA PARVEEN [REFERRED TO]

JUDGEMENT

(1.) The appellant has challenged the order dated 30th May, 2011 of the Commissioner, Employee's Compensation whereby compensation of Rs.2,13,114.00 has been awarded to claimants/respondents No.1 to 4.

(2.) Respondents No.1 to 4 are the widow, minor son and parents of late Suresh Singh and they filed an application for compensation before the Commissioner, Employee's Compensation on the ground that Suresh Singh was employed as a watchman with the appellant in his factory for 13 years. On 11th Nov., 2001, Suresh Singh went to the house of appellant as per instructions received from the wife of appellant to do some sweeping work at the appellant's house and thereafter slept in the appellant's house on the instructions of the appellant's wife. The deceased had to leave for his hometown in Ayodhaya on 12th November, 2001. On 14th Nov., 2001, the dead body of Suresh Singh was found on the second floor of the appellant's house whereupon the matter was reported to the police and FIR No.845 of 2001 was registered by the police.

(3.) Learned counsel for the appellant urged at the time of the hearing that the murder cannot be said to be an accident under the Employee's Compensation Act, 192 It was further pleaded that the deceased was not employed with the appellant. According to the appellant, the deceased was employed by the appellant's tenant, Ramesh Bansal upto 1998 and thereafter, by Pathan Khan but he continued to sleep in the appellant's factory at night and used to come to the appellant's house to do household work. Learned counsel for the appellant referred to and relied upon Regional Director, E.S.I. Corporation Vs. Francis De Costa, (1969) 2 SCC 607, Jyothi Ademma Vs. Plant Engineer, Nellore (2006) 5 SCC 513, Rashida Haroon Kupurade Vs. Divisional Manager, Oriental Insurance Company Limited, (2010) 3 SCC 271, Shakuntala Chandrakant Shreshti Vs. Prabhakar Maruti Garvali, (2007) 11 SCC 668, D.S. Constructions Ltd. Vs. Smt. Raj Kali Devi, 2010 LLR 316, Bharat Heavy Electricals Ltd. Vs. Gyan Kaur, 2000 ACJ 100, Lakshmi Vs. Proprietor, Hotel Ajantha, 2002 ACJ 1465 and Branch Manager, United India Insurance Co. Vs. Srinivasa, 2007 ACJ 718.

Click here to view full judgment.

RAM NIWAS GUPTA Vs. BINDU SINGH AND OTHERS

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address