CHUNNILAL Vs. B.D. AGARWAL

JUDGEMENT

(1.) THIS is an appeal against the order of the Workmen's Compensation Commissioner, Udaipur, dated July 31, 1971.

(2.) THE facts giving rise to this appeal are that Mst. Sosarbai, wife of the appellant, was an employee of the respondent and was drawing Rs. 60/ - per mensem as her wages. On March 21, 1970, motor truck bearing No. RJD 2131 dashed against a pillar, which fell on Mst. Sosarbai resulting in her death within the precincts of the factory. The appellant, who is the husband of Mst. Sosarbai, presented an application on November 19, 1970, claiming Rs. 3,600/ - as compensation. The Workmen's Compensation Commissioner (hereinafter referred to as the Commissioner), thereupon served a notice on the respondent and directed him to submit his written statement. The respondent in his written statement, contested his liability to pay compensation by saying that Mst. Sosarbai died on account of her own carelessness and negligence as she left the work and began to roam about here and there. It was also pleaded that the appellant was not the dependent of Mst. Sosarbai and as such he was not entitled to claim compensation. The respondent further pleaded as the accident took place by a motor truck, the claim for compensation ought to have been filed before the Motor Accident Claims Tribunal under the Motor Vehicles Act and not to the court of the Commissioner under the Workmen's Compensation Act.

(3.) I have heard the learned counsel for the parties and gone through the record of the case.