SUNDERLAL BHAVSAR Vs. KAMLA BAI AHIRWAR

JUDGEMENT

(1.) This petition has been filed by the petitioner assailing the order dtd. 14/12/2010 passed by the Commissioner for Workmen Compensation, Labour Court, Hoshangabad in case No. MJC/05/2009 WC Act Fatal whereby the objection taken by the petitioner has been rejected.

(2.) The counsel for the petitioner contends that an objection was taken by the petitioner before the Commissioner regarding maintainability of claim moved by the claimant/respondent No.1, on the ground that the accident in question had not occurred during course of employment. On the contrary, the deceased in the state of insobriety met with an accident and ultimately died. It is further contended that an FIR was registered vide Crime No. 389 of 2008 at Police Station Itarsi as regards the accident in question and the same reflects that the deceased on account of being in the state of insobriety met with an accident and died and therefore, the said accident had no connection with the performance of official duty by the deceased. However, the Commissioner rejected the objection of the petitioner as regards maintainability.

(3.) It is contended that lodging of the FIR vide Crime No. 389 of 2008 was not a disputed fact, which is evident from paragraph 6 of the claim petition filed before the Commissioner under Sec. 10 of the Workmen Compensation Act and hence the objection ought to have been dealt with in view of the averments made in paragraph 6 of the claim petition as well as the First Information Report, inasmuch as, both the aforesaid aspects were not at all disputed in the present case. On the contrary, it was the admission of the claimant herself that the First Information Report regarding the incident was lodged vide Crime No. 389 of 2008.