REGENT COMPUTRONICS PVT. LTD.

SUNDARESA MUDALIAR Appellant

V/S

MUTHAMMAL Respondents

Referred Judgements :-

FENTON V. THORLEY AND CO. [REFERRED TO]
JOHNSON AND MARSHALL [REFERRED TO]
CLOVER CLAYTON AND CO. V. HUGHES [REFERRED TO]
BARNABAS V. BERSHAM COLLIERY [REFERRED TO]
MARSHALL V. SWILD ROSE CORDNERS,J. [REFERRED TO]
EVANS V. ASTLEY [REFERRED TO]
TRIM JOINT SCHOOL V. KELLY [REFERRED TO]
WARNER AND COUCHMAN [REFERRED TO]
HAYWARD V. SESTLEIGH COLLIERY CO. [REFERRED TO]
UPTON V. GREAT CENTRAL RAILWAY [REFERRED TO]
RISDALE V. KILMARNOOCK [REFERRED TO]
LORDS KERR V. AYR STEAM SHIPPING CO. [REFERRED TO]
BHAGUBAI V. CENTRAL RAILWAY,BOMBAY [REFERRED TO]
LANCASHIRE AND YORKSHIRE AND CO. V. HIGHLEY [REFERRED TO]
ALLABAKSH V. MIAN MUHAMMAD [REFERRED TO]
URMILA DASI V. TATA [REFERRED TO]
LEESHI V. CONSOLIDATED MINES [REFERRED TO]
MUNSI AND CO. V. TUKARAM [REFERRED TO]
INDIAN NEWS CHRONICLES,LTD. V. LAZARUS [REFERRED TO]
BURMA OIL CO. LTD. V. MAYIN [REFERRED TO]
KHAN OF V. NATARDIN [REFERRED TO]
JABBAR V. ISMAIL [REFERRED TO]
SECRETARY OF STATE V. GEETA [REFERRED TO]
CENTRAL GLASS INDUSTRIES LTD. V. HUSSAIN [REFERRED TO]
BHUTNATH V. MISTRY [REFERRED TO]
CHAMPI V. SHAW WALLACE [REFERRED TO]
PADAM DEBI VS. RAGHUNATH RAY [REFERRED TO]
TIKU KAHAR VS. EQUITABLE COAL CO LTD [REFERRED TO]
GOURI KINKAR BHAKAT VS. RADHA KISSEN COTTON MILLS [REFERRED TO]
PARABI BIBI VS. BIRENDRA NATH SARKAR [REFERRED TO]
K RAMABRAHMAM VS. TRAFFIC MANAGER [REFERRED TO]
CENTRAL GLASS INDUSTRIES LTD VS. ABDUL HOSSAIN [REFERRED TO]
BECHARAM MALLIK VS. KHAS JOYRAMPUR COLLIERY [REFERRED TO]

JUDGEMENT

(1.) THIS is an appeal preferred against the order made by the Additional Commissioner for Workmen's Compensation, Madras, in W. C. Case No. 747 of 1953.

(2.) THE facts are: The deceased Murugan was employed as a motor-driver under Sri Sundaresa Mudaliar. This Sundaresa Mudaliar--besides owning three motor cars, had also 7 or 8 motor pump sets in Mallamooppanampatti and elsewhere, for irrigating his lands. On 10 May 1953 this Murugan accompanied by another employee of this Sundaresa Mudaliar, viz. , David, went to Mallamo-oppanampatti to repair a motor pump set which had gone out of order. David got into the well first and the deceased Murugan went next to him and in the act of getting into the well steadied himself by getting hold of a twig which unfortunately gave way with the result that the deceased fell into the well head downwards and injured his head and as a result thereof died the next day. The wife of that Murugan filed this application for compensation under the Workmen's Compensation Act and has been awarded a sum of Rs. 1,500. The defeated Sundaresa Mudaliar, the employer, appeals.

(3.) THE case for this Sundaresa Mudaliar both before the Additional Commissioner for Workmen's Compensation as well as here is that the applicant has not proved that the accident resulting in the injury which proved fatal to Murugan arose in the course of and arising out of his employment and that the fatal accident was brought about as a result of the gross contributory negligence of this Murugan. Therefore, the points for determination are threefold, viz. , whether the compensable fatal injury arose out of an accident in the course of and arising out of Murugan's employment; secondly, whether the applicant has discharged the onus lying on her; and thirdly, whether any gross negligence or carelessness on the part of the deceased Murugan would make this fatal accident any the less compensable.

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SUNDARESA MUDALIAR Vs. MUTHAMMAL

Referred Judgements :-

JUDGEMENT

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