STATE Vs. BILKISH BANU

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment and Award passed by the Claims Tribunal, Udaipur, dated 7 -9 -81 in case No. 275/78 (23/78).

(2.) BRIEFLY stated the facts of the case are that the deceased Shajuddin was a temporary employee at Mahi Dam Project, Banswara, while travelling in Truck No RJB 420 which was used as a vehicle for transporting the employees of Mahi Project met with an accident while going to Mahi Dam to Banswara city. On account of the death of Shajuddin in the accident the claimants filed a claims petition before the Accident Claims Tribunal, Banswara, claiming a sum of Rs. 1 lac. The claimants are Smt. Bilkish Banu widow of the deceased Shajuddin Shri Vahiduddin the father of the deceased and Smt. Asha Bibi mother of the deceased. In the claims petition it was alleged that the accident took place on 17th December, 1977, at about 2.30 P.M. near Kundla -sarhad District Banswara, when the vehicle was going down to hilly terrian. The driver of the vehicle is Kanhiya Lal and the owner of the vehicle is State of Rajasthan, as the vehicle belong to the State, it was not insured. The claimants contended that at the time of death Shajuddin was getting the salary of Rs. 269/ - per month. Father, mother and wife were all dependent upon Shajuddin. At the time of death, the age of deceased was 22 years he was hard -working and he had a bright future. The State and other non -petitioners have filed joint written statement and contended that the accident took place in the course of out of employment. It was also contended that the deceased was not drawing salary of Rs. 269/ per month. It has also been pleaded that Shajuddin died on account of his own negligence. Shajuddin was travelling in the truck. After leaving the job at Mahi Dam before the close of the day, Shajuddin's duty was up to 4 -30 P.M. and without giving any information or seeking any permission from the person concerned, he left the job and travelled in RJU 4290. The driver of the vehicle filed a separate written statement denying the allegations.

(3.) AGGRIEVED by the award passed by the Accident Claims Tribunal, State has filed the appeal, contending that death of Shajuddin did not done in the course and out of employment and at the time when the accident had taken place he was not in the employment of the State as he left the Mahi Dam Project, Banswara, at about 2 P.M. in Truck No. RJB 420 un -autho -risedly. He left the project without completing duty and without permission from the authorities. It is also contended that the amount of compensation awarded is on a very higher side.