(1.) THIS is an appeal preferred against the order made by the learned Additional Commissioner for Workmen's Compensation, Madras, in W. C. Case No. 615 of 1949.
(2.) THE facts are: The Highways departmental lorry No. M. D. C. No. 2398 was hired out to the contractor A. P. Kanari, for conveying granite metal from the quarry at mile 24/5 on the Tellicherry-Bawali road to mile 19/5-6 of the same road. The agreement executed by the contractor in this behalf is Ex. A. 1. The application of the contractor for hiring the lorry is Ex. A. 2. The contractor acknowledged the receipt of the lorry from the Highways department in his letter Ex. A. 3. After having thus obtained the lorry on hire from the department the contractor started his work. On 21 August 1949, while the lorry was plying up the ghats empty for reloading metal it had to negotiate an almost right-angular curve just after passing the 23/3 furlong stone. As the lorry swerved one of the four coolies inside the lorry, C. Kunhiraman, lost his balance and was thrown out of the lorry. As a result of this fall he sustained inuries and died while he was taken to the hospital at Kuthuparamba. The matter was reported to the police, who investigated into this accident. The police records are evidenced by Ex. B. 3. The Divisional Engineer admitted the accident as well as liability to pay compensation to the dependants of the deceased workman in his capacity as the principal employer. He accordingly deposited a sum of Rs. 1,500 with the Additional Commissioner for Workmen's Compensation. Thereafter he filed a claim under Section 12 (2) of the Workmen's Compensation Act claiming indemnification by the contractor.
(3.) THE case for the contractor was that the accident did not arise out of and in the course of the deceased workman's employment under him on account of the following facts. The deceased workman was sitting on the hand rail of the lorry against instructions. Then, when the lorry was taking a sharp curve at mile 23/2 the deceased had let go his hold of the rails and was making funny signs with his hands to a dumb friend who was going by the road at that time. Therefore, he acted in a negligent and careless manner and brought about an added peril, exonerating the employer from liability to compensate.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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