Case Note & Summary
The State of Maharashtra appealed against the judgment of the Commissioner for Workmen's Compensation and Judge, 12th Labour Court, Mumbai, which awarded compensation of Rs.59,868/- with 6% simple interest from 27th January 1990, penalty of Rs.14,967/-, and costs of Rs.1,000/- to the respondent, Smt. Sunanda Bhikaji Ghag, widow of deceased Head Constable Bhikaji Ghag. The deceased was employed as a Head Constable in the Motor Transport Department of the Commissioner of Police and was required to drive a police van. On 27th January 1990, while driving a police van along the Eastern Express Highway, he dashed against a stationary truck, sustained serious injuries to his head, legs, and hands, and succumbed to his injuries the same day. The respondent filed a claim for workmen's compensation, contending that her husband died due to an accident arising out of and in the course of his employment. The appellant opposed the claim on the grounds that the deceased was not a 'workman' under the Workmen's Compensation Act, 1923, and that the widow had already received family pension, gratuity, and other benefits, disentitling her to further compensation. The Commissioner rejected these contentions and awarded compensation. The High Court, in appeal, upheld the Commissioner's decision, holding that the deceased was a workman as his duties involved driving, which is manual work, and that the accident arose out of and in the course of his employment. The court also upheld the award of interest and penalty for delayed payment under Section 4A of the Act. The appeal was dismissed with no order as to costs.
Headnote
A) Workmen's Compensation - Definition of Workman - Police Constable - The deceased Head Constable driving a police van was held to be a 'workman' under the Workmen's Compensation Act, 1923, as his duties involved manual work of driving. The court rejected the employer's contention that a police constable is not a workman. (Paras 2-3)
B) Workmen's Compensation - Arising Out of and in Course of Employment - Death While Driving - The death of the Head Constable in a road accident while driving a police van on duty was held to be an accident arising out of and in the course of his employment under Section 3 of the Act. (Para 2)
C) Workmen's Compensation - Penalty and Interest - Delayed Payment - The Commissioner awarded penalty of Rs.14,967/- and interest at 6% from the date of accident under Section 4A of the Act for delayed payment of compensation. The High Court upheld the award. (Para 1)
Issue of Consideration
Whether the deceased Head Constable was a 'workman' under the Workmen's Compensation Act, 1923, and whether his death arose out of and in the course of his employment, entitling his widow to compensation, interest, and penalty.
Final Decision
The High Court dismissed the appeal with no order as to costs, upholding the Commissioner's award of compensation, interest, penalty, and costs to the respondent.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- Section 4
- Section 4A
- 'arising out of and in the course of employment'
- penalty for delayed payment
- definition of workman
- police constable as workman
- compensation to widow
- interest on compensation
Case Details
2005 LawText (BOM) (05) 150
First Appeal No.565 of 2001
Mr. K.K. Tated, Assistant Government Pleader, for the Appellant; Mr. A.D. Shetty for the Respondent
The State of Maharashtra (through the Commissioner of Police, Mahatma Phule Market, Bombay 400 001)
Smt. Sunanda Bhikaji Ghag
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Nature of Litigation
First appeal against the judgment and order of the Commissioner for Workmen's Compensation awarding compensation to the widow of a deceased Head Constable.
Remedy Sought
The appellant (State of Maharashtra) sought to set aside the award of compensation, interest, penalty, and costs to the respondent.
Filing Reason
The appellant contended that the deceased was not a workman under the Workmen's Compensation Act, 1923, and that the widow had already received other benefits.
Previous Decisions
The Commissioner for Workmen's Compensation and Judge, 12th Labour Court, Mumbai, in Application (WCA) No.490/8-49 of 1991, awarded compensation of Rs.59,868/- with 6% simple interest from 27th January 1990, penalty of Rs.14,967/-, and costs of Rs.1,000/- to the respondent.
Issues
Whether the deceased Head Constable was a 'workman' under the Workmen's Compensation Act, 1923.
Whether the death of the deceased arose out of and in the course of his employment.
Whether the respondent was entitled to interest and penalty for delayed payment of compensation.
Submissions/Arguments
The appellant argued that the deceased was not a workman as defined in the Act, and that the widow had already been paid family pension, gratuity, and other benefits, so she was not entitled to further compensation.
The respondent contended that her husband died due to an accident arising out of and in the course of his employment, and she was entitled to workmen's compensation.
Ratio Decidendi
A Head Constable whose duties include driving a police van is a 'workman' under the Workmen's Compensation Act, 1923, as driving involves manual work. Death in a road accident while driving on duty arises out of and in the course of employment. The employer is liable to pay compensation with interest and penalty for delayed payment under Section 4A of the Act.
Judgment Excerpts
The First Appeal is directed against the judgment and order dated 7th December 1996 of the Commissioner for Workmen's Compensation and Judge, 12th Labour Court, Mumbai in Application (WCA) No.490/8-49 of 1991.
The husband of the Respondent one Bhikaji Ghag was employed as a Head Constable in Motor Transport Department of the Commissioner of Police and was required to drive police van.
The claim was opposed by the Appellant State Government on various grounds. The principle contention taken up by the Appellant is that the deceased was not a workman as defined in the Workmen's Compensation Act, 1923.
Procedural History
The respondent filed Application (WCA) No.490/8-49 of 1991 before the Commissioner for Workmen's Compensation and Judge, 12th Labour Court, Mumbai. The Commissioner awarded compensation on 7th December 1996. The appellant filed First Appeal No.565 of 2001 before the Bombay High Court against that order. The High Court dismissed the appeal on 30th June 2005.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 3, Section 4, Section 4A
