VILAS Vs. HUSSAINBEE

JUDGEMENT

(1.) The appeal was admitted for final hearing on the following substantial question of law:-

(2.) Being aggrieved by the order dated 04/04/06 passed by Commissioner for Workmen's Compensation Labour Court Indore in Case No.1/2005 W.C.F. whereby the claim petition filed by the appellant for compensation on account of death of his brother Dinesh was dismissed, the present appeal has been filed.

(3.) Short facts of the case are that appellant filed a claim petition before the learned court below alleging that Dinesh was the elder brother of the appellant and was employed on a auto rickshaw bearing No.CII-1028 as driver of respondent NO.1 which was insured with respondent No.2. It was alleged that deceased Dinesh was getting salary of Rs.4000/- per month from respondent NO.1 in addition to allowances. It was alleged that on 29/6/2004, in a road accident Dinesh died during course of his employment. It was further alleged that appellant is handicapped and was dependent on the deceased. It was prayed that claim petition filed by the appellant be allowed and compensation be awarded. The claim petition was contested by the respondent No.1, however it was admitted that deceased was under the employment of respondent No.1 at the time of accident. The claim petition was also contested by respondent NO.2 on various grounds including on the ground that claim petition itself is not maintainable as appellant is not covered under the definition of dependent as enshrined under section 2(1) (d) of the Workmen's Compensation Act. It was prayed that claim petition be dismissed. After framing of issues and recording of evidence learned court below dismissed the claim petition filed by the appellant holding that since appellant is not covered under the definition of dependent laid down under the Act, therefore the claim petition stands dismissed, against which the present appeal has been filed.