AMARCHAND LALCHAND SHINGAVI Vs. SHARDA LAXMAN PAWAR

JUDGEMENT

(1.) THIS is an appeal, under section 30 of the Workmens Compensation Act, 1923, against an order dated 10-4-1997, passed by the Ex-officio Commissioner of Workmens Compensation and Judge of the Labour Court at Aurangabad. By the impugned order, the respondent, who was the applicant before the Commissioner for Workmens Compensation, has been granted compensation in the amount of Rs. 27,210/- along with penalty and interest, as directed in the impugned order.

(2.) BRIEFLY stated, the material facts of the case are that the deceased Laxman Nana Pawar was alleged to be a workman, employed by the appellant. The case of the respondent was that on 7-1-1986, the workman received a personal injury, in an accident arising out of and in the course of employment which resulted in his death. The cause of injury alleged was that while the deceased was taking a bullock cart full of cotton bales to the market, it met with an accident and he fell down from the cart. The respondent was alleged to be the widow of the deceased. In the application, it was stated that the monthly wages of the deceased were Rs. 400/- and his age, at the time of the accident, was 45 years. Compensation, in the amount of Rs. 27,240/-, together with penalty and interest, was claimed.

(3.) THE appellant filed his written statement and stated therein that he had a small piece of agricultural land where he, with the help of his family, carries on agricultural operations and contended that "as such, the provisions of the Workmens Compensation Act are not applicable. " Apart from the aforesaid averments in para 2 of the written statement, in para 7 it was averred that "the provisions of the Workmens Compensation Act are not applicable to the opponent as the deceased was not in the employment of the opponent and as the applicant is not a legal heir or widow of the deceased" in para 10 of the written statement, it was sought to be submitted that on 7-1-1986, the deceased was sitting on cotton bales which were filled in the bullock cart, The bullock cart was stated to be driven by a young person. It was alleged that due to a heart attack the deceased fell down and died. The body was sent to the Govt. hospital for post-mortem.