CHAMPALAL Vs. DARYAVBAI

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed by the appellant aggrieved by the judgment passed by the court of Commissioner for Workmen's Compensation, Indore, (hereinafter called 'the lower court') in Case No. 540 W. C. Act/77/fatal, dated September 21, 1981.

(2.) THE facts leading to this appeal, in short, are that the respondents had filed an application under Section 10 of the Workman's Compensation Act, 1923 for compensation for the death of Shankerlal from the present appellant Champalal on the ground that the deceased Shunkerlal died because of an accident arising out of and during the course of employment of the appellant on June 22, 1988. The deceased Shankerlal was a workman employed by the appellant for constructing a well. He was getting wages at the rate of Rs. 150/- per day. The respondents being heirs and dependents of the deceased are entitled to the compensation of Rs. 21,000/- from the appellant as per law.

(3.) THE appellant denied the fact that the deceased died during the course of employment of the appellant. According to him the deceased Shankerlal was not a workman within the meaning of the Workmen's Compensation Act. As such no accident arising out of and during the course of employment took place. According to the appellant the deceased has taken the contract of digging a well for Rs. 2,500/- and there was an agreement in writing to that effect. It was for the deceased to engage labour for the completion of the work and make payments to them. The non-applicant was required to supply only the construction materials for the construction of the well. It was also denied that the deceased was engaged as a labourer on wages of Rs. 150 per day.