HASBANNESSA Vs. QUAZI ZAHIRUDDIN MOHAMMAD BABAR

JUDGEMENT

(1.) This is an appeal under the Workmen's Compensation Act. The appellant is the widow of the workman called Abdul Rahaman. Abdul Rahaman, the Workman, who was a driver of a taxi cab, met with an accident on the 17th August 1957 and he died as a result of that accident. On or about the 17th August, 1957 at the time of the accident he was driving a taxi being taxi cab No. WBT 1558 owned by the opposite party Qazi Zahirirddin Mohammad Babar. It is said that while he was driving the said taxi, he lost control and in the consequence the taxi dashed against a road-side tree injuring the deceased workman seriously and leading ultimately to his death.

(2.) The Commissioner of Workmen's Compensation, who heard the case, decided in favour of the opposite party and came to the conclusion that the deceased was not a workman employed by the opposite party within the meaning of Workmen's Compensation Act and, as such, no compensation was payable.

(3.) The appeal raises a short but important point whether a taxi driver who uses the car of a owner proprietor is a workman within the meaning of the Workman's Compensation Act and whether the owner proprietor of the taxi can be said to be his employer so as to have a liability for compensation to such a driver under Section 3 of the Workmen's Compensation Act, Although the question raised is important, the facts unfortunately in this case are meagre, inadequate and insufficient to support the claim for compensation.