RAM AUTAR Vs. MOHAMMAD RAFIQ

JUDGEMENT

(1.) THIS first appeal has been filed Under Section 30 of the Workmen's Compensation Act against an order dated May 22, 1979 passed by the Commissioner, Workmen's Compensation under the Workmen's Compensation Act allowing the claim of the respondent for a sum of Rs. 16,800/- as compensation together with the interest of 6% per annum and damages to the extent of 50% in case the amount was not deposited within thirty days of the order.

(2.) THE relevant facts are that the appellant is the owner of a truck No. UIU 3067 which was involved in the accident which admittedly resulted in the death of Shamim Ahmad, the son of claimant-respondent who was employed as a casual worker by the appellant. The claimant-respondent, as father of the deceased Shamim Ahmad, filed a claim petition under the Workmen's Compensation Act on these assertions. Shamim Ahmad was employed by the appellant at a salary of Rs. 125/- month to work as a conductor of the aforesaid truck. On June 27, 1977 he went on duty and after getting the stones loaded in the truck left for village Soran, Police Station Budhana, district Muzaffarnagar about 8.30 A.M. The truck was driven by Bali Ram, the driver of the appellant. At 1.00 p.m. the same day the truck was unloaded and Shamim Ahmad was crushed to death as a result of the rash and negligent driving of Bali Ram who started the truck suddenly crushing Shamim Ahmad to death on the spot. One Ittan was also working as a labour on the truck and on the date of the accident, he also accompanied Shamim Ahmad as usual. Ittan and the driver brought the body of Shamim Ahmad at the claimant's residence at 4 p.m. Shamim Ahmad thus died in an accident arising out of and in the course of his employment with the appellant. A Frist Information Report was lodged by another son of the claimant in regard to the accident stating the facts mentioned above. The claimant, his two minor sons and wife were the dependants of the deceased. A registered notice was given to the appellant claiming a lump sum payment of Rs.19,200/- as compensation and, on his refusal to pay the same, the claim was lodged with the Commissioner under the Workmen's Compensation Act.

(3.) ON the pleadings of the parties, the Commissioner framed necessary issues who on an examination of the evidence on record, held that Shamim Ahmad had died by accident arising out of and in the course of his employment and that the appellant was liable to pay compensation which he assessed at Rs. 16,800/-.