PADAM DEBI Vs. RAGHUNATH RAY

JUDGEMENT

(1.) This is an appeal under the Workmen's Compensation Act against the order of the District Magistrate of Puri rejecting the appellant's claim for Page 1 of 6 Padam Debi vs. Raghunath Ray (13.12.1949 - ORIHC) compensation.

(2.) The appellant is the widow of one Parikhit Panda who had been engaged as a motor driver by the respondent in September 1946. The respondent had a temporary permit to ply a bus (O. R. P. 265) for hire between Khurda and Banpur in Puri District. On 24th September 1946, while the appellant's husband was driving the said motor bus he met with an accident in consequence of which he sustained severe injuries which resulted in his death. The bus dashed against a tree while proceeding at a somewhat high speed and the driver and some other passengers sustained fatal injuries. The police nude the usual investigation and submitted final report to the effect that the accident was caused by the rash and negligent driving of the driver but that in view of his death no could be taken.

(3.) "The learned District Magistrate, relying mainly on the police report and also on the evidence of one Fakir Padhan who was one of the occupants of the illfated bus held that the driver met with his death by his own rash and negligent driving and that consequently Section 3, Workmen's Compensation Act, would have no application to this case inasmuch as the death could not be said to be caused by accident".