GORA BAI AND ANOTHER Vs. SUSHIL AND ANOTHER

JUDGEMENT

(1.) The decision rendered in this appeal shall govern the disposal of other appeal being M.A. No. 891/99 as both these appeals involve common question of law and fact and both arise out of an order passed by Commissioner Workmen Compensation on identical reasoning. This appeal is preferred under Sec. 30 of the Workmen's Compensation Act against an award dated 2-09.1999, in case No. 42/97, by Commissioner Workmen's Compensation, Indore. In short, the facts are these.

(2.) The appellants are claimants before the Commissioner Workmen's Compensation. They filed an application before the Commissioner Workmen's Compensation claiming compensation for the death of their son Ramesh who as per allegations made in the application while working as driver of Truck Dumper No. MP/09/K/8664 met with an accident on 22.07.1996 and died. In para 2 it was specifically alleged that the accident occurred when Ramesh was driving the vehicle. The claimants alleged that accident thus occurred while Ramesh was on duty and hence it was an accident that arose out of an employment and that it was with the vehicle, thereby entitling the claimants to claim the compensation for the death of their son. The claimants also made an application for claiming interim compensation under Sec. 140 of Motor Vehicles Act on the principle of No Fault Liability.

(3.) The aforesaid interim application was rejected by the learned Commissioner by impugned order on the ground that in view of law laid down by this Court in the case of Hanuman Mills Industries Vs. Ratanlal, 1998 ACJ 482 , no interim compensation can be granted and that such application it was not maintainable. It is against this order that the claimants have felt aggrieved and have preferred this appeal under Sec. 30 of the Workmen's Compensation Act.