ORIENTAL INSURANCE COMPANY LTD. Vs. JAGDISH

JUDGEMENT

(1.) Heard learned Counsel for the appellant and the learned Counsel for the respondents. This appeal has been filed by the appellant Insurance company being aggrieved by an order passed by the Workmen's Compensation Commissioner dated 22.2.2006 in W.C.A. case No. 24 of 2004 (Jagdish and another v. Smt. Raj Bala and others).

(2.) The facts and finding in this case are not disputed. A conductor and a cleaner were travelling on a Tata vehicle of the command of their employer and while they were on the way, the rope with which they had tied the goods that they were carrying, opened up. The cleaner Jagdish tried to settle the rope, in doing so, he fell into canal which was adjacent to the place where the truck had been stopped for the above reason.

(3.) The other person the conductor who saw him drowning in the water, made an attempt to save him and in doing so, he also drowned in the water. Thus both conductor and cleaner who were in the employment of Smt. Rajbala drowned to death during the course of employment.