STATE OF HARYANA Vs. RANI DEVI

JUDGEMENT

(1.) THIS appeal by the State of Haryana is directed against the order dated 27-9-2005 passed by the Commissioner under the workmen's Compensation Act, 1923 (for brevity, 'the Act') whereby the respondents have been awarded a total compensation of rs. 3,98,304 which includes interest and expenses.

(2.) PUT shortly, the facts of the case are that jagdish Parshad (since deceased) was employed as a driver on a monthly salary of rs. 12,000 with the appellants herein on bus bearing registration No. HR-66/0312. On 23-7-2003, he stopped the bus near n. C. College, Ishrana and on checking, he found that nut-bolts of the reartyres of the bus were open. On seeing this, he was shocked and suffered 'heart attack' resulting into his death. The applicants being legal heirs of jagdish Parshad filed a claim petition under section 22 of the Act for grant of compensation.

(3.) UPON notice, the appellant-State filed reply admitting the factum of employment of the workman and the incident as alleged by the claimants, but denied the liability to pay any compensation on the ground that the workman himself was negligent as it was his duty to get the bus mechanically checked up in the workshop before starting the journey.