AHIR HAMIRBHAI MENSI Vs. GOVIND KESHAVJI SUTHAR

JUDGEMENT

(1.) BY way of this appeal, the appellant-original respondent has challenged judgment and order of Commissioner of Workmen Compensation, Junagadh dated 31-8-1987 passed in Workmen Compensation Case No. 79 of 1984, whereby the authority has awarded Rs. 21,000/- to the original claimant with 9% interest till the date of realization.

(2.) THE facts in brief, as emerging from record, are as under:

(3.) THAT one Kala Govind, son of respondent no. 1 and father of respondent no. 2 had died during the course of his employment while he was working with the appellant. It is alleged that the deceased was doing centering work and on 10th December 1983, centering fell down and he sustained injuries and as a result of it, he died on 11th December 1983. Therefore, the respondents herein filed Workmen Case No. 79 of 1984 before the Commissioner for Workmen Compensation, wherein it is stated that the deceased was earning Rs. 960/- per month, therefore, an amount of Rs. 30,000/- was claimed as compensation. The respondents also claimed penalty at the rate of 50% of the claim. The appellant herein resisted the claim and stated that the deceased was not working with him since last 15 years and he was an independent contractor, who used to keep slab work and he was required to bring all the centering material. An agreement was also entered between the appellant and the deceased and, therefore, there was no relationship of employer and employee between the appellant and the deceased. Therefore, the appellant was not required to pay any amount. It was also stated that after the death of the deceased, respondent no. 1 had taken back the goods for centering and also issued the receipt. It was also contended that the applicant and the deceased were residing separately and the claimant was not dependent upon the deceased. The appellant also denied that there was salary of Rs. 960/- per month as alleged but he contended that the contract for the work was given.