SURAT DISTRICT PANCHAYAT Vs. DINUBHAI J GAMIT

JUDGEMENT

(1.) This is an appeal under Sec. 30 of the Workmen's Compensation Act, 1923 arising out of the award of the Commissioner for Workmen's Compensation, Surat, in Workmen Compensation (Fatal) Application No. 8/98 decided on 2nd July, 1997 under which the claimants (respondents herein) were awarded Rs. 73,668/- towards compensation along with penalty at the rate of 50% as well as interest at the rate of 12% from the date of application. The facts of the case are that the deceased Jeevanbhai Bhikhabhai was initially appointed as daily wage clerk with effect from 21st October, 1983. Later on he was regularised with effect from 1st October, 1986. It is not in dispute that Jeevanbhai Bhikhabhai has died as a result of accident arising out of and in the course of his employment. The claimants approached the Commissioner for Workmen's Compensation under the Wokrmen's Compensation Act, 1923. Under the impugned award compensation and penalty as stated above has been awarded to the claimants. Hence this appeal before this Court.

(2.) Heard the learned counsel for the parties.

(3.) Mr. H.S. Munshaw, learned counsel for the appellant contended that deceased Jeevanbhai Bhikhabhai was not appointed as driver by the appellants. On the fateful day he was driving the road-roller without any order or permission of the higher authority, and if any accident has arisen out of and in the course of his employment, his legal heirs are not entitled to any compensation; and the Commissioner for Workmen's Compensation, Surat, has exceeded his jurisdiction in granting compensation in favour of these respondents.