PANNA Vs. SARDAR SURENDRA SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal is filed by Panna under Section 80 of the Workmen' Compensation Act, 1953 (hereinafter called 'the Act') and is directed against the order of the Workmen's Compensation Commissioner. Kota Division, Kota, dated May 20, 1969, distrusting the appellant's claim.

(2.) THE case of the appellant before the Commissioner was that his wife Mst. Raji was in the employment of respondent Sardar Surendra Singh who had taken a contract near Mangrol. Mst. Raji, along with other laborers, was being taken by the respondent to the sate of the work on March 8, 1967 but before the truck could reach the destination, it overturned with a result that Mst. Raji expired on the pot. A claim of Rs. 7000/ was filed by her husband appellant Panna under the Act. Sardar Surendra Singh denied his liability and came out with a plea that he did not employ Mst. Raji on the day when the accident had taken place for did he have any contract of constructing a bridge on the road for which the alleged employment is said to have taken place.

(3.) SHRI Daleep Singh, appearing on behalf of the appellant urged that the statement of Panna clamant finds corroboration from the independent testimony of Seth Motilal who has been examined as PW. 5. These two statements, according to the learned Counsel, go to establish the relationship of master and servant between the respondent and Mst. Raji and as such, the status of Mst. Paji has been proved to be that of a workman under the provisions of the Act.