KULLAMMAL Vs. PADMAVATHI AMMAL

JUDGEMENT

(1.) THIS is an appeal from the judgment of Rajagopalan J. allowing an appeal filed at the instance of an employer from an order of the Additional Commissioner for workmen's Compensation, directing the employer to pay a sum of Rs. 2100 to the mother of the deceased employee, Ranganathan. The facts which have led up to the appeal are these. Caltex Co. , Ltd. , Madras are importers of oil from outside india. The imported oil which comes in sealed barrels is taken delivery of at the quay in Madras Harbour and delivered to the company at their warehouse at rayapuram by contractors. The respondent is one such contractor. On 24th March 1958, the respondent's four-wheeled cart drawn by bullocks was loaded with oil barrels at the Harbour was proceeding from that place to the warehouse at rayapuram. Chinnathambi, A. W. 1, was drawing the cart. Ranganathan, the deceased son of the appellant, who was to be in the rear was pushing the cart from behind when it was negotiating the steep gradient near the Caltex warehouse. When the cart approached the gates of the warehouse, it was suddenly stopped by the watchman on duty, as there was no space available inside for the cart. The sudden stoppage of the cart threw off certa'n barrels at the rear over the head of Ranganathan, causing serious injuries, which ultimately resulted in his death. There can be no doubt that the accident took place in the course of the deceased's employment. The appellant, the sole dependent of ranganathan, applied to the Commissioner for Workmen's Compensation, for payment of compensation by the employer. The respondent denied the claim. One of the questions raised before the Commissioner and which alone survives for determination in this appeal is whether Ranganathan was a workman within the meaning of Section 2 (n ). That section defines the term "workman" this:

(2.) THERE are two clauses in Schedule II to the Act, which are relevant for the purpose of this appeal. Item (xxvi) of Schedule II states,

(3.) THE appeal is allowed with costs.