RAJNEESH KUMAR DWIVEDI Vs. K P ENTERPRISES

JUDGEMENT

(1.) THE appeal has been preferred under Section 30 of Workmen's compensation Act, 1923 (hereinafter referred to as "the Act") aggrieved by order dated 22-8-2005 passed by Commissioner for Workmen's Compensation, labour Court, Satna in Case No. 30/2001 WC Act Non Fatal.

(2.) IT is not in dispute that claimant Rajneesh Kumar Dwivedi was driving Jeep (MP-19/2616), while he was taking the jeep to garage, the steering of the Jeep became free and there was failure of brakes due to that jeep turned turtle as a result thereof the claimant sustained injuries. He was referred to neurologist from Satna to Jabalpur. Salary of the claimant was Rs. 2,000 per month, beside Rs. 15 used to be paid to him by way of allowance, he has become permanently mentally disabled due to the injuries.

(3.) THE owner in the reply contended that jeep was not owned by M/s. K. P. Enterprises or Kamal Transport, claimant was not employed as driver by them, thus, they were not liable.