CHARI DEVI Vs. MAHAL BRICKS

JUDGEMENT

(1.) This appeal is filed under sec. 30(1) of the Workmen Compensation Act, 1923 against dismissal of the application for compensation passed by the Presiding Officer, Labour Court, Ranchi..cum- Commissioner, under the Workmen Compensation Act in W.C. Case No. 3/2007.

(2.) The Applicant /appellant's case is as follows:- (i) That the Ganesh Oraon husband of the claimant was a workman within the meaning of Sec. 2 (n) of the Workmen Compensation Act, 1923. That husband was employed under the opposite party no. 1 as watchman/Munshi on a salary of Rs.1700.00 per month and his work involved making reminders for payment to the customer apart from working as watchman in the brick kiln. The opposite party no. 1 was the employer within the meaning of Sec. 2 (E) of the Act. (ii) That on 9/12/2002 at 2.30 PM the deceased was on his normal duty when a tractor bearing no. BR-41-3793 came to the brick kiln of the opposite party No. 1 and he proceeded on the tractor to Gumla for giving reminder to some customer for payment due. The tractor had moved just 200 yards from the kiln that it overturned in which he sustained fatal injuries and died in the accident. It is the case of the applicant that her husband died on duty i.e. in course of and out of employment. At the time of death of age of the deceased husband was 32 years.

(3.) Owner of the brick kiln and the insurance company have been impleaded as O.P. No.1 and 2.