Case Note & Summary
The case involves a First Appeal filed by the dependents of deceased Jayantibhai, a cleaner who died in a truck accident. The deceased was employed as a cleaner on a truck owned by Ahmed Moosa. On 20.6.1991, the truck was loaded with grate from Meghnagar to be offloaded at Ankleshwar. The deceased accompanied the truck as a cleaner. The owner/driver Ahmed Moosa drove the truck to Ankleshwar, and on 21.6.1991, he informed his family that he would go to Valia to load tuver dal, causing delay. However, the truck did not return for six days, leading to a missing complaint. The dead bodies of Ahmed Moosa and the cleaner Jayantibhai were found near a water body in village Parsi. An FIR was registered. The dependents of the deceased cleaner filed a claim petition before the Workman Compensation Commissioner, claiming that the deceased was 24 years old and earning Rs.900 per month as a cleaner. The Commissioner dismissed the petition. The appellants challenged this dismissal in the High Court under Section 96 of the Code of Civil Procedure, 1908. The court considered whether the death arose out of and in the course of employment. The court held that the deceased was on duty as a cleaner and the accident occurred during the course of employment. The court set aside the Commissioner's order and awarded compensation of Rs.1,05,120 with interest at 12% per annum from the date of accident until realization. The court also ordered that the amount deposited by the appellant be disbursed to the claimants.
Headnote
A) Workmen's Compensation - Employer's Liability - Section 3(1) Workmen's Compensation Act, 1923 - Death of Cleaner - The deceased cleaner died while accompanying the truck as part of his employment duties. The court held that the death arose out of and in the course of employment, as the cleaner was on duty and the accident occurred during the employment period. The Commissioner's dismissal was set aside and compensation was awarded. (Paras 1-4) B) Workmen's Compensation - Quantum of Compensation - Section 4 Workmen's Compensation Act, 1923 - Calculation of Compensation - The court computed compensation based on the deceased's age (24 years), monthly salary (Rs.900), and applied the relevant factor from Schedule IV. The total compensation was calculated as Rs.1,05,120 with interest at 12% per annum from the date of accident. (Para 4)
Issue of Consideration
Whether the death of the deceased cleaner Jayantibhai arose out of and in the course of his employment under the Workmen's Compensation Act, 1923, and whether the appellants are entitled to compensation.
Final Decision
The appeal is allowed. The judgment and order dated 9.4.2002 passed by the Workman Compensation Commissioner in Workman (Fatal) Application No.29 of 1996 (New No.81 of 1993) is quashed and set aside. The appellants are entitled to compensation of Rs.1,05,120 with interest at 12% per annum from the date of accident i.e. 20.6.1991 till realization. The amount deposited by the appellant be disbursed to the claimants.
Law Points
- Workman Compensation Act
- 1923
- Section 3(1)
- arising out of and in the course of employment
- employer's liability
- death of cleaner
- truck accident
- compensation
