DAFEDAR SINGH SIKARWAR Vs. BITTO BAI

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23.8.2012 (Annexure P-1) whereby his application preferred under Order 1 Rule 10 C.P.C. is rejected by the Court below.

(2.) IN a case filed under Section, 10 and 22 of Workman's Compensation Act (W.C. Act), the respondents No. 1 to 4 impleaded the present petitioner as non-applicant No.3. The petitioner preferred an application under Order 1 Rule 10 C.P.C. (Annexure P-4) wherein it is stated that the accident took place with a tractor and it is necessary to implead the driver, tractor owner and the Insurance Company. This application of the petitioner is rejected by the Court below by assigning reason that prima facie it appears that the accident did not take place with any tractor but is because of working of the deceased in a boring machine. Criticizing the said order, Shri Jitendra Sharma, learned counsel for the petitioner, submits that at this stage, it was not open for the Court below to deal with the merits of the matter. Evidence is yet to be led and, therefore, the actual reason for accident, nature of involvement of the deceased, whether accident is arising out of and during the course of employment etc. can be judged and decided after recording the evidence of the parties. At this stage, the Court below has erred in deciding that prima facie the accident is arising out of working of deceased in a boring machine.

(3.) SHRI Shashank Indapurkar and Shri S.P.Jain, Advocates submit that matter may be remitted back to the Court below to reconsider the said application.