Panna Vs. Sardar Surendra Singh

Panna vs Sardar Surendra Singh

Disposition Appeal dismissed Court Rajasthan Decided Apr 02, 1975

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Citation: sooperkanoon.com/759369
Court: Rajasthan High Court
Judge: V.P. Tyagi, J.
Decided On: Apr 02, 1975
Case Number: S.B. Civil Misc. Appeal No. 93 of 1969
Subject: Labour and Industrial
Disposition: Appeal dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Workman's Compensation Act, 1953 - Workman--Onus to prove status of deceased person as a workman lies on claimant. - Section 2(k), 2(1), 7 & 40 & Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 & 98 & Juvenile Justice Act, 1986, Section 2(h): [Altamas Kabir & Cyriac Joseph, JJ] Determination...

Key legal issue: Labour and Industrial
Outcome / disposition: Appeal dismissed

Parties & Advocates

Appellant / Petitioner

Panna

Respondent

Sardar Surendra Singh

Legal References

Reported In: 1975WLN(UC)130

Excerpt

workman's compensation act, 1953 - workman--onus to prove status of deceased person as a workman lies on claimant. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - however, the learned commissioner, after recording the evidence of the various claimants, came to the conclusion that the clarinet failed to prove the employment of the deceased person with the respondent and therefore, he found hem self unable to decree the claims under the provisos of the act it is against his order of the learned commissioner that the present appeal has been filed......the evidence of the various claimants, came to the conclusion that the clarinet failed to prove the employment of the deceased person with the respondent and therefore, he found hem self unable to decree the claims under the provisos of the act it is against his order of the learned commissioner that the present appeal has been filed.4. 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.5. i very carefully perused the statement of panna and seth motilal. none of these two witnesses are on a position to depose as to and what type of contract was taken by respondent surendra singh for which mst. raji is alleged to have been employed by him. seth motilal states that surendra singh had a work towards ayana while the case of panna is that mst. raji was employed to work at village jaloda. the onus to prove the status of the deceased person as a workman lies on the clamant who has invoked the provisions of the act, in my opinion, the learned commissioner has rightly held that the claimant has utterly tailed to prove that mst. raji was employed by the respondent to work on contract which he had taken from the chambal project. no evidence has been brought on the record by the claimant that surendra singh had taken any contract to construct bridge on the road near village jaloda and as such, in the absence of the proof about the states of mst. raji as being a workman under the provisions of the act, the learned commissioner had no option but to reject the claim of the claimant. in this view of the matter, it is difficult for this court to hold that mst. raji died during.....

Full Judgment

V.P. Tyagi, J.

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. It may be mentioned that along with Mst. Raji, few other labourers died on account of that accident and their heirs also filed compensation claims before the Commissioner, It appears that the proceedings in all those claims were taken together. However, the learned Commissioner, after recording the evidence of the various claimants, came to the conclusion that the clarinet failed to prove the employment of the deceased person with the respondent and therefore, he found hem self unable to decree the claims under the provisos of the Act It is against his order of the learned Commissioner that the present appeal has been filed.

4. 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.

5. I very carefully perused the statement of Panna and Seth Motilal. None of these two witnesses are on a position to depose as to and what type of contract was taken by respondent Surendra Singh for which Mst. Raji is alleged to have been employed by him. Seth Motilal states that Surendra Singh had a work towards Ayana while the case of Panna is that Mst. Raji was employed to work at village Jaloda. The onus to prove the status of the deceased person as a workman lies on the clamant who has invoked the provisions of the Act, In my opinion, the learned Commissioner has rightly held that the claimant has utterly tailed to prove that Mst. Raji was employed by the respondent to work on contract which he had taken from the Chambal Project. No evidence has been brought on the record by the claimant that Surendra Singh had taken any contract to construct bridge on the road near village Jaloda and as such, in the absence of the proof about the states of Mst. Raji as being a workman under the provisions of the Act, the learned Commissioner had no option but to reject the claim of the claimant. In this view of the matter, it is difficult for this Court to hold that Mst. Raji died during and to the course of her employment with Surendra Singh. The appeal therefore fails and is hereby dismissed.

6. Since nobody Las appeared on behalf of the respondent, no order is to costs.

Same Court & Year Rajasthan · 1975 Same Parties Panna vs Sardar Surendra Singh Same Subject Labour and Industrial Same Judge V.P. Tyagi, J.

Labour and Industrial