VISHWA KARMA MOTOR BODY Vs. YUSUF MOHAMMAD

JUDGEMENT

(1.) The present appeal has been filed against the award dated 18.06.2001 passed by the Commissioner, Workmen Compensation Act, 1923, Udaipur in Claim Case No.7/1996.

(2.) Briefly, the facts in the case are that Yusuf Mohammad, the respondent-claimant being the father of the deceased Farooq Hussain filed a claim application stating therein that his son Farooq Hussain was working with the respondent No.1 and was paid Rs.1000/- per month by the respondent No. His son deceased Farukh Hussain was doing the work of denting and painting in the workshop of respondent No.1. On 009.1995 while the deceased Farooq was in employment of the appellantrespondent he died because of the pressure of work. The claim petition was preferred by the respondent Yusuf Mohammad before the Commissioner, Workmen Compensation Act for a suitable compensation to be awarded in the case.

(3.) The appellants-respondents filed a reply stating therein that the deceased had no co-relation with his concern and in the special plea the appellants submitted that after the repairing work being performed on the Motorbody, the respondent No.5 Azad Painter was given a contract for doing the painting work. The appellants were not aware that the deceased was employed for the purpose of painting at the Azad Painter Works and if he was employed there then the appellants are not responsible for the claim.