NATIONAL INSURANCE CO. LTD Vs. TARA

JUDGEMENT

(1.) In this Appeal filed under Sec. 30 of the Workmen's Compensation Act, 1923 (for short, "the Act of 1923") the challenge is to the Judgment and Order, dtd. 30/12/2009, passed by the learned Commissioner for Workmen's Compensation, Labour Court, Bhandara, whereby the commissioner allowed the claim for Compensation filed by the Respondent No.1.

(2.) This Appeal was admitted on the following Substantial Questions of Law:

(3.) Facts leading to the above questions need to be stated. Respondent No.1 (hereinafter referred to as 'Claimant' is the mother of the deceased. Respondent No.2 is the father of the deceased and husband of the Claimant. It is the case of the Claimant that her deceased son was having a valid Driving Licence. Respondent No.2 owned a Tractor bearing Registration No.M.H.36-D-9367. The deceased was employed by Respondent No.2 on a Monthly Salary of Rs.4,500..00 On October, 21, 2008 as instructed by Respondent No.2, the deceased carried the Tractor to the agricultural land of Respondent No.2 for ploughing the land. It is stated that while undertaking the plowing operation, the Tractor turned turtle. The deceased was found under the Tractor. He died on the spot. The matter was reported to the Police.