ANU & ANOTHER Vs. SANTOKH SINGH & OTHERS

JUDGEMENT

(1.) The instant appeal arises from the impugned order of the learned Collector, Sub Division-cum-Commissioner, under the Workmen's Compensation Act, Ghumarwin, District Bilaspur, H.P. ( for short the "Commissioner"), whereby he dismissed the application preferred thereat under Section 22 of the Workmen Compensation Act (for short the "Act")) by the successors-in-interest of deceased Rakesh Kumar, who in an accident involving car bearing No. HP-23A-2077 which on 11.10.2004 while standing plied on National Highway from Chandigarh to Mandi developed a mechanical fault sequeling its rolling into a gorge, in consequence whereof deceased Rakesh Kumar sustained grievous injuries to which he succumbed, as apparent on a reading of the apposite postmortem report comprised in Ex.P-8.

(2.) The learned Commissioner dismissed the petition preferred thereat by the dependents of deceased Rakesh Kumar. The applicants standing aggrieved by the rendition of the learned Commissioner hence concert to assail it by preferring an appeal therefrom before this Court.

(3.) The primary reason which prevailed upon the learned Commissioner to dismiss the application preferred by the successors-in-interest of the deceased stood anvilled upon an interpretation by him qua the definition of 'workman' encapsulated in Section 2 (n) of the Act, definition whereof stands extracted hereinbelow:-