DIVISIONAL CONTROLLER (GSRTC) Vs. KAILASHBA

JUDGEMENT

(1.) This Appeal under Sec. 30 of the Workmen Compensation Act, 1923, is directed against the judgment and order dated 10.4.2013 passed by the Commissioner for Workmen's Compensation Case No.4 of 2012.

(2.) Heard learned advocate Mr. Hardik C. Raval for the appellant and learned advocate Mr. R.K. Mansuri for the respondent Nos.1 to 7 - original claimants.

(3.) Learned advocate Mr. Raval for the appellant relying upon the decision in the case of Cholan Roadways Ltd. Vs. G. Thirugnanasambandam, reported in AIR 2005 Supreme Court 50, submits that the Commissioner ought to have invoked the principle of Res ipsa Loquitur and ought to have recorded finding that the accident had happened due to negligence on the part of the deceased driver. Therefore, the appellant could not have held liable to pay the compensation. Therefore, he urges that the appeal may be allowed and the judgment and order passed by the Commissioner may be quashed and set aside.