SWARAN KAUR Vs. SARDARI LAL KAPUR
LAWS(P&H)-1994-3-38
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 22,1994

SWARAN KAUR Appellant
VERSUS
SARDARI LAL KAPUR Respondents

JUDGEMENT

A.P.CHOWDHRI, J. - (1.) THIS appeal is directed against order dated April 23, 1993, passed by the Commissioner under Workmen's Compensation Act, dismissing the appellants' petition for compensation.
(2.) BRIEF facts of the case are that one Budh Singh (50), who was employed as a mason, was working along with other masons and workers for the replacement of roof of the building of B. K. E. and I Higher Secondary School, Ghee Mandi, Amritsar, in June 1985. The school is run by Bal Mukand Khatri Education Trust, Amritsar. The respondents are various office bearers of the said Trust as well as functionaries of the school. The roof fell down as a result of which Budh Singh and others also fell down and received injuries. Budh Singh succumbed to his injuries the same day at 1 P. M. in S. G. T. Hospital, Amritsar. The petitioners are his widow and minor daughter. They served a notice Under Section 10 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') on Sardari Lal Kapoor, Joint Secretary of the Trust, respondent No. 1. The respondents having failed to award compensation, the petitioners moved the Commissioner claiming Rs. 30,000/- as compensation, besides interest from the date of accident till the date of payment. The petition was contested.
(3.) ON the pleadings of the parties, the following issues were framed:1. Whether respondent No. 2 is Manager of B. K. Trust and is liable as such OPA (Piara Lal Kapoor, Vice President of B. K. E and I Trust c/o Principal B. K. E. and I Higher Sec. School ). 2. Whether respondent No. 10 is Principal of B. K. School and is liable for claim in question ? OPD (O. P. Dhawan ). 3. Whether the application can be made against Sardari Lal respondent ? OPA (Jt. Secy of Trust ). 4. Whether respondent No. 13 is a trustee of Society ? (Mohan Lal Verma, Advocate, Member of Trust ). 5. Whether applicant No. 1 is widow of Budh Singh and applicant No. 2 is her daughter ? OPA. 6. Whether the employment of Budh Singh was made by the trustee of the registered society ? If not, its effect ? OPA. 7. Whether Budh Singh was a "workman" under Workmen's Compensation Act ? OPA. 8. Whether Budh Singh died because of injuries in accident as alleged ? OPA. 9. Whether notice of alleged accident was duly served, if not, its effect ? OPA. 10. What was the wages of Budh Singh deceased ? OPA. 11. To what amount of compensation applicants are entitled and from whom ? OPA. 12. Whether any of the respondents is personally liable for the compensation ? OPA. 13. Whether this Commissioner has got jurisdiction to try this suit, OPA. 14. Relief. ;


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