Brahattakar Prathmik Krashi Sahakari Sanstha and Another vs Firoj Begam and Others

G.D. Saxena, J.—This appeal u/s 30 of the Workmen''s Compensation Act 1923 has been led by the appellants-Society challenging the Award dated 27th November 1998 in WCA No. 1/1978 passed by the Commissioner for Workmen''s Compensation No. 2, Gwalior (M.P.) granting an amount of Rs. 13,500/- by way of compensation and Rs. 6750/- by way of penalty for not depositing the compensation amount in the prescribed period of limitation with 6% per annum compound interest on the amount in question, payable within a period of two months from the date of such Award else the amount was directed to carry with penal interest @ 12% till full and final payment is made with proportionate costs of the litigation. For fair decision of the present appeal, the facts in summary are that deceased Siddiq Khan was employed with appellants as a peon (Class IV employee) and was getting regular salary. On a fateful day (15th May, 1977) at the oral instructions of Kapoor Chand, Secretary of the appellants-Society, he left the place by driving the tractor to carry the seized grains through the vehicle from village Fillojpura (Morena). At some distance, near Adapura, the said tractor tuned turtle in which Siddiq Khan died. Under these circumstances, the claimants being dependents filed a petition for compensation which was decided in favour of the claimants. Being aggrieved by the impugned findings of granting Award, the appellants preferred this appeal which was admitted on the following substantial questions of law:--

Whether in the absence of specific finding that a workman died during the course of employment and arising out of employment, respondents were entitled to receive the compensation under the provisions of Workmen Compensation Act?

Whether in the absence of notice u/s 10 of Workmen Compensation Act the claim petition is liable to be dismissed?

The claimant/respondent No. 1-Firoj Begam deposed in her evidence that deceased was her husband and was working in the Society as a peon. He was getting regular salary since 1977. On the fateful day at about 8 a.m., while departing home, the deceased informed her that on the directions of the Secretary of the Society he was going to carry the seized grains kept at village Fillojpura, on a tractor. She stated that her husband died due to accident. Ram Prasad, the employee of the Society in his deposition admitted that the deceased was an employee of the Society and was getting monthly Rs. 145/- as a regular salary. The wage statement pertaining to the month of April 1977 is filed on record as Ex. D/2. He also deposed that he was employed after the date of incident in the year 1978, therefore, he had no personal knowledge of the accident. However, the Secretary Kapoor Chand of the Society, who asked the deceased for lifting the seized grains from the spot on a tractor, was not examined to rebut the contentions of the claimant/respondent No. 1. In such a situation, the trial court rightly concluded that the deceased was working as a peon with the appellants-Society and at the relevant time, he went at the instructions of his superior for lifting the seized grains on a tractor. It is immaterial whether the deceased knew the driving or was habitual drinker and the accident resulted on account of his rash and negligent driving.

It further appeared from perusal of the Award that prior to filing of the claim petition before the Commissioner for Workmen''s Compensation No. 2, Gwalior (M.P.), a notice was served on the Managing Director of the Society for payment of compensation on account of death of employee Siddiq Khan and the reply to the aforesaid notice was also sent by the Society to the claimants. On the said factual backdrop, the requirement of service of notice on employer is validly satisfied. On above discussions, the appeal of the Society has no substance. It is dismissed with costs. It is directed that if the compensation amount is already deposited pursuant to the impugned directions, then the entire amount shall be disbursed to the claimants within a period of three months from the date of this order otherwise the appellants-Society shall have to deposit the entire amount as per terms of the Award within three months from the date of this order in the court of Commissioner for disbursement of the same to the claimants.