GAJENDRA SINGH Vs. S.G. MOTORS

JUDGEMENT

(1.) This is an appeal filed by the appellant/claimant under Sec. 30 of the Workmen's Compensation Act, 1923 (for brevity, the 'Act') against the award dated 22.06.2005 in C.O.C. No.50/B/W.C.Act/99(F), passed by the Commissioner, Workmen's Compensation Act-cum-Labour Court No.1, Gwalior. The claim case was filed by the appellant/claimant for grant of compensation on account of accidental death of his son Inder Singh during the course of employment under respondent S.G. Motors, Jhansi Road, Gwalior.

(2.) The brief facts of the case are that the deceased-Inder Singh was working as a Clerk in S.G. Motors, Jhansi Road, Gwalior in the year 1997. On 10/11.6.1997 Inder Singh died while on duty. On this date, he fell down in the well and had lost his life.

(3.) The appellant/claimant gave a notice to the respondent for payment of compensation on account of accidental death of his son Inder Singh. When the compensation amount was not paid to him, he filed a claim case in the Court of Commissioner, Workmen's Compensation Act (Labour Court No.1), Gwalior, in the year 1999. The respondent contested the case on the ground that the deceased was not a workman as defined under Sec. 2(1)(n) of Schedule II of the Act as well as the death of the son of the appellant by jumping into the well was not accident but suicide and there was no relation between employment and cause of death.