SAJID Vs. AMTULAH BAI

JUDGEMENT

(1.) Being aggrieved by the order dated 18.11.2003 passed by Commissioner for Workmen's Compensation, Labour Court, Dewas in Case No. 8/WCF/2000 whereby the petition filed by the Respondent Nos. 1 & 2 was allowed and compensation of Rs. 2,26,380/ alongwith interest @ 6% p.a. was awarded and Respondent No. 3 was exonerated, the present appeal has been filed.

(2.) The appeal was admitted for final hearing by this Court vide order dated 4.3.2004 on the following substantial question of law:

(3.) Short facts of the case are that the Respondent Nos. 1 & 2 filed a petition for compensation before the learned Court below under the provisions of Workmen's Compensation Act alleging that Premnarayan who was son of Respondent Nos. 1 & 2, was in employment of Appellant as Driver and was drawing salary @ Rs. 2,500/- per month and travelling allowance @ Rs. 40/- per day. It was alleged that Appellant was owner of a tractor bearing registration No. MP/13-KA/3367. It was alleged that on 6.1.2000 when son of Respondent Nos. 1 & 2 Premnarayan was on his duty at that time met with an accident and the offending tractor was turtle down and fell into the river, with the result Premnarayan died on spot, It was alleged that at the time of death, age of deceased was 18 years. It was alleged that the offending tractor was insured with Respondent No. 3. It was prayed that compensation of Rs. 2,50,000/- be awarded.