RADHAMONY Vs. SECRETARY DEPT OF HOME AFFAIRS

JUDGEMENT

(1.) Appellants are the legal representatives of Bhaskaran Nair, a driver in the Police Department of the State of Kerala. The jeep driven by him KLC 2209 met with an accident on 24-10-1989 and he sustained injuries. He succumbed to the injuries on 26-10-1989. Compensation is claimed by the appellants on the ground that the deceased met with his death while driving the jeep in the course of his employment under the respondent. The Commissioner for Workmen's Compensation held that the deceased was not a workman coming within the definition under S.2(1)(n) of the Workmen's Compensation Act and inclined to award any compensation.

(2.) The deceased aged 45 years was getting Rs. 1,656/- as monthly salary. This is not a matter in dispute. Though the first appellant (wife of the deceased) had sent a registered notice to the respondent on 13-2-1990 claiming compensation, there was no favourable response. Respondent's contention is that driver in the Police Department is not a workman coming within the purview of the Act and since he had performed only the sovereign functions of the State in the maintenance of law and order it cannot be said that appellants are entitled to any compensation under the Act.

(3.) The question that arises for consideration is whether the legal heirs of the deceased, a driver in the Police Department are entitled to compensation under the Act or not.