EXECUTIVE ENGINEER CONSTRUCTION MADRAS Vs. T L THYAGARAJAN

JUDGEMENT

(1.) THIS appeal arises out of proceedings before the Additional Commissioner for workmen's Compensation Madras. The appellant here in is the Executive Engineer (Construction), West Division, Department of Industries and Commerce. He opposed the application filed by the respondents in respect of the death of one T. Tukaram, as a result of personal injury by an accident arising out of and in the course of his employment on 14-5-1959 under the Executive Engineer.

(2.) THE deceased Tukaram was employed as Works Inspector by the Department of Industries and Commerce in connection with the construction of a building at salem for handloom mill parts. On the fatal day the Assistant Engineer, who was in charge of the spot and acting under the directions of the Executive Engineer, asked the deceased to go over to the office and prepare a site plan indicating the position of various main and sub-works to be constructed in the building. In pursuance of the directions given by the Assistant Engineer the deceased Tukaram was proceeding on a cycle towards the office. But unfortunately on the way he met with an accident, with the result he died on the same day. The application for payment of compensation under the Workmen's Compensation Act was filed by the father of the deceased and his other defendants.

(3.) THE application was resisted by the Executive Engineer on the ground that he state of Madras was not an employer as defined in S. 2 (1) (e) of the Workmen's compensation Act, that the deceased himself was not a workman as defined under section 2 (1) (n) of the Workmen's Compensation Act and that in any event the accident did not take place either out of or in the course of the employment.