LAWS(BOM)-1984-2-66

CHHEDI LAL NANDAI Vs. REGIONAL DIRECTOR

Decided On February 01, 1984
Chhedi Lal Nandai Appellant
V/S
REGIONAL DIRECTOR Respondents

JUDGEMENT

(1.) CHHEDILAL Nandai was working as a watchman with Messrs. Dhanraj Mills: Sun Mill Road, Lower Parel, Bombay 13, in 1973. As the Mill management asked three of their watchmen Chhedilal, Ramnath and Kedarnath to proceed to Ahmedabad on 14th February 1973 for which a car was provided, Chhedilal along with his two colleagues went to Ahmedabad. After finishing his assignment, they were returning to Bombay on 19th February 1973 when the car met with an accident and fell in a river at Vapi. Chhedilal sustained certain injuries, and preferred a claim before the Employees' Insurance Court at Bombay, - against the Employees State Insurance Corporation. The claim baying been rejected, Chhedilal comes up in appeal.

(2.) MR . Jaikar, on behalf of the Corporation, supports the judgment on the ground that Chhedilal having proceeded to Ahmedabad in connection with the marriage ceremony of the daughter of employer's relative, did not receive the injuries in the course of his employment within the meaning of the definition of "Employment Injury" occurring in Sub-section (8) of Section 2 of the Act. Mr. Jaikar also argues that even if it be held that Chhedilal was in the employment of the Mills and he was working as a watchman in the marriage function at Ahmedabad, it could not be called "an insurable employee," within the meaning of that definition.

(3.) CHHEDILAL had put himself in the box to say that he worked as a watchman at the place where the marriage was performed, and that he made the trip by the car arranged for him by the employers.