NATIONAL INSURANCE CO LTD Vs. SUKHBIR KAUR

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision Petition Nos. 3162 of 1989 and 3163 of 1989 as the question involved is common in all these cases.

(2.) THIS petition is directed against the order of the Commissioner under the Workmen's Compensation Act, whereby the question of jurisdiction has been decided against the employer and in favour of the workman. Gurcharan Singh, deceased, was employed as a co-driver with truck No. PEN 3535 owned and possessed by Shri Kuldip Rai. That truck met with an accident on the G. T. Road within the jurisdiction of Police Station Ghanour, Distt. Sonepat. The matter was reported to the Police where the case was, registered. However, the claim petition under the said Act, was filed at Gurdaspur. A preliminary objection was raised to the territorial jurisdiction of the Court to try the petition. According to the truck owner, the alleged accident took place within the jurisdiction of Sonepat district where the death of Gurcharan Singh was caused. As such the Court at that place had the jurisdiction to entertain the petition and to decide the same. The learned Commissioner found that the said truck was owned and possessed by Kuldip Rai who bad a factory at Batala District Gurdaspur and, therefore, under Section 19 of the Code of Civil Procedure, the petition was maintainable within the district of Gurdaspur.

(3.) THE learned counsel for the petitioner submitted that the provisions of the Code of Civil Procedure, were not applicable to the petition under Section 3 of the Workmen's Compensation Act Section 20 of the said Act provides that the State Government may by notification in the official Gazette appoint any person to be a Commissioner for workmen's compensation for such area as may be specified in the notification. Section 21 of the Workmen's Compensation Act provides for the venue of proceedings and transfer as follows. "where any matter is under this Act to be done by or before a Commissioner, the same shall subject to the provisions of this Act and to any rules made hereunder, be done by or before a Commissioner, for the area in which the accident took place which resulted in the injury. " Thus, argued the learned counsel, since admittedly the accident took place within the jurisdiction of district Sonepat, it was the Commissioner, Sonepat, who had the jurisdiction over the dispute.