MANOJ KUMAR BEHERA Vs. DILIP KUMAR DAS

JUDGEMENT

(1.) THIS is an appeal against the order of the Commissioner for Workmen's Compensation awarding compensation to the tune of Rs. 81,926/ -. The quantum of compensation arrived at is not under challenge, but what is under challenge is the liability of the appellant to pay the compensation in question.

(2.) RESPONDENT Dilip Kumar Das filed an application claiming compensation before the Commissioner alleging that he sustained bodily injury while discharging his duty in repairing a vehicle bearing Registration Number W. B. S. 5032 belonging to one Baman Dubey. It was pleaded that he was working as a Mechanic in the garage of the appellant which is called Babamani Automobiles at Budamara. On the relevant date, on the instruction of the proprietor Manoj Kumar Behera (then appellant), said Dilip took up the repair work of the vehicle in question and while so repairing sustained severe injury on the spinal cord and became immobile. It was alleged that he was receiving Rs. 750/- per month and was aged 24 years on the date of the accident.

(3.) THE appellant filed his written objection before the learned Commissioner denying the entire averments made in the claim petition. It was pleaded that neither Dilip was a workman working in his garage nor had he ever taken up any work beyond the garage premises. He also pleaded that he has no knowledge of deputing the respondent on April 1, 1989 for repairing the vehicle W. B. S. 5032. A specific stand was taken that Dilip was a mechanic who is not attached to any garage but usually sits in a road-side hotel near Budamara and takes up repair works being called by truck owners and other drivers, as a free lancer and, therefore, the accident not having occurred in course of employment, no liability can be fastened on him.