KRIPAL SINGH Vs. RAJENDRASINGH

JUDGEMENT

(1.) BEING aggrieved by the order dated 13.08.2003 passed by Commissioner for Workmen's Compensation Act, Labour Court, Indore in case No.88/1999WCNF whereby the application filed by the appellant for compensation in account of injuries sustained was dismissed, present appeal has been filed.

(2.) SHORT facts of the case are that appellant filed a claim case before the learned Court below alleging that on 23/05/1999 appellant was driving tanker bearing registration No.M.P.-09/KA/1577 which was owned by the respondent No.1-A and B and insured with the respondent No.2. It was alleged that on 23/05/1999 when the appellant was coming from Guna to Indore with Amardeep Singh, son of the appellant who was also travelling in the said tanker in the capacity of Cleaner, at that time, offending vehicle met with an accident with the result Amardeep Singh died on spot and appellant sustained grievous injuries. Since the offending vehicle was involved and appellant was employed with the respondent No.1, therefore, it was prayed that claim case be allowed and compensation be awarded. The claim case was contested by the respondent No.2 on various grounds including on the ground that appellant is responsible for the accident. It was prayed that claim case be dismissed. After framing of issues and recording of evidence learned Court below dismissed the claim case against which the present appeal has been filed.

(3.) CHAPTER II of Workmen's Compensation Act, 1923 (which shall be referred hereinafter as "Act") deals with the compensation payable to the Workman. As per Section 3 Act if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of CHAPTER II. Sub- Clause (ii) of sub-Section (b) of Section 3 of the Act lays down that employer shall not be so liable in respect of an accident which is directly attributable to the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen