NEW INDIA ASSURANCE CO LTD Vs. DALIBAI

JUDGEMENT

(1.) This is an appeal filed under section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') by the insurance company against the order dated 13.11.1998 passed by the Workmen's Compensation Commissioner, Indore, in Fatal Case No. 71 of 1999.

(2.) The facts leading to this appeal, in short, are that Rajaram, the husband of respondent-applicant was employed as a driver by respondent/non-applicant Chironjilal on his truck No. MPF 6548 which was insured with the appellant. On 22.6.91 Rajaram along with labourers and cleaner, had taken this truck to Pitipura for bringing woods. But it was raining, therefore, the deceased returned from the jungle and came to Bhoti-Bhawadi and parked the truck there. There one Veersingh was hurling abuses. The deceased Rajaram asked him not to utter abuses, on this Veersingh gave himfaliya blow, as a result of which he sustained injuries and died. The L.Rs. of the deceased his widow and sons filed application under section 10 of the Act for grant of compensation as the deceased died due to accident which arose out of and in the course of employment against respondent No. 1 employer and appellant insurance company. The respondent No. 1 remained absent. He was proceeded ex parte. Appellant resisted the claim. The Commissioner on appreciation of evidence, awarded compensation of Rs. 2,07,980. The insurance company being aggrieved of this order has come up in appeal.

(3.) Mr. Dandwate, learned counsel for the appellant, submitted that at the time of incident, the deceased Rajaram was not discharging his duty as driver. His act of asking Veersingh not to abuse led causing of injury to him. Therefore, this accident had no connection with his employment, and the learned Commissioner committed an error in granting compensation to the respondent. On the other hand, Mr. O.P. Dubey, learned counsel for the respondents, supported the impugned judgment.