PERIYAKKAL Vs. AGENT, SOUTH INDIAN RAILWAY CO, LIMITED

JUDGEMENT

(1.) This appeal is preferred by the widow of one Nanjappa Goundan against an order of the Commissioner for Workmen's Compensation disallowing her claim to compensation against the South Indian Railway Co., in respect of the death of her husband.

(2.) Nanjappa Goundan was a cooly, working under a contractor, employed by the Railway Co., in the construction of a bridge on the Nilgiri Railway, For the purposes of this work, a trolly was loaded with stores and was in the charge of an employee of the South Indian Railway Co., named Venkatarama Aiyar. The evidence of this man shows that at the place of loading three coolies got on to the trolly as well as himself. This, he says, was one in excess of the permitted number; nevertheless, when the trolly had proceeded a certain distance, another man got on, making four coolies as well as the driver. What then happend has not been clearly elucidated, but the driver was unable to apply the brake, perhaps because it got jammed by the stones, and lost control. He managed to jump off, but the coolies were thrown out, two were killed, of whom one was Nanjappa Goundan, and one received a severe injury to the leg.

(3.) The learned Commissioner has dismissed the appellant's claim to compensation upon two grounds. He has found that the accident occurred owing to the wilful disobedience of the workmen to an order expressly given. He has further found that the deceased man was a casual worker under the contractor, so that the claim cannot be enforced under the Act.