DAN SINGH Vs. SUKDEV SINGH AND ORS.

JUDGEMENT

(1.) This appeal, filed by the claimant, is against a judgment and award dated 2nd November, 2004 passed by the learned Commissioner for Workmen's Compensation, West Bengal at Kolkata in Claim Case No. 87 of 2001. By the judgment and award under appeal, the learned Commissioner, Workmen's Compensation (3rd Court), West Bengal dismissed the claim of the claimant for compensation on the ground that the victim was not engaged in the capacity of driver of the vehicle which met with the accident, in respect of whom premium had been paid, apart from passengers.

(2.) The claimant, Dan Singh, is the father of Karanjit Singh, who was the Khalasi of truck No. WB -23/3873, which collided with another truck near Akola, Maharashtra, while it was on its way from Mumbai to Kolkata. As a result of the collision, the truck fell into the road side ditch and the khalasi, Karanjit Singh, son of the claimant died on the spot.

(3.) As the owner refused to pay compensation, the claim case was lodged by the claimant. The claimant claimed compensation of Rs. 1,58,842/ - as per the schedule to the Workmen's Compensation Act.