KODURI ATCHAYAMMA Vs. PALANGI ATCHAMMA

JUDGEMENT

(1.) This is an employer's appeal under sction 30 (I) of the Workmen's Compensation Act against the order of the Commissioner for Workmen's Compensation, Andhra Pradesh in W.C. Case No. 277 of 1963 awarding a sum of Rs. 3,006 to the respondent-workman who met with an accident.

(2.) It is common ground that Palangi Veeraju alias Chiranjivi was one among several others who formed a Jattu to carry quarry material in the lorry belonging to the appellant from the quarry site to the work spot of P.W.D. The duty of the workman was to load the quarry material at the quarry site in the lorry and travel along with the lorry and to unload it at the work site. After unloading, they again travel in the lorry, reach the quarry site and again load the lorry. During the course of the day several such trips are made from the quarry site to the work site.

(3.) In the course of one such trip, the deceased who was in the lorry saw a wild rabbit passing on the road and he attempted to hit it and in this attempt he fell down from the lorry and met with the accident which resulted in his death. On these admitted facts it was contended before the Commissioner by the employer that he is not a workman within the meaning of the Workmen's Compensation Act and further that the injury caused to the workman by accident did not arise out of and in the course of his employment and as such he was not liable for paying any compensation. The Commissioner held that the respondent was a workman under the Workmen's Compensation Act. The Commissioner also held that the injury to the workman arose by accident out of and in the course of employment and upon this finding, held that the appellant was liable to pay compensation aforementioned.