SMT. CHHAYA DAS, SRI MINTU DAS AND SMT. ALAKA BALA DAS Vs. SRI SOUMENDRA CHANDRA SAHA AND THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY THE DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the award of the learned Commissioner, Workmen's Compensation Act, West Tripura, Agartala in case no. T.S. (W.C.) 10 of 1998, dated 05.07.2004, whereby the Commissioner dismissed the claim petition on the ground that the claimants have failed to prove that the death of the deceased had any causal connection with his employment. The undisputed facts, are that Tapan Das, the deceased, was employed as driver by Sri Soumendra Chandra Saha, owner of truck bearing no. TRL 1819. It is also an admitted fact that the truck in question was hired by the Central Reserve Police Force (in short C.R.P.F.) and was deployed in the Teliamura area by the C.R.P.F.. It is also not disputed that on 26.01.1997 Tapan Das was deputed as a driver with the said vehicle. He, however, did not return to the Teliamura police station at night and on the next day his dead body was found in the jungle. The claimants claimed that Tapan Das had died during the course of employment and that his death had direct causal connection with his employment. They accordingly filed a petition under Section 4 of the Workmen's Compensation Act.

(2.) THE owner admitted the fact that the deceased was employed as a driver and also admitted that the deceased died during the course of employment. The insurance company raised a plea that the death of Tapan Das had no causal connection with his employment.

(3.) BEFORE dealing with the case on merits, I am constrained to observe, that the approach of the Commissioner, Workmen's Compensation, was a highly technical approach, not at all in consonance with the spirit of the Workmen's Compensation Act. The Act in question is a social welfare legislation meant to give relief to poor employees who die or receive injuries during the course of the accident. This Court does not want to state that every claim petition under the Workmen's Compensation Act must be allowed but the approach of the Commissioners must be less technical and if two views are possible then the view which favours the employee must be taken.