Divisional Manager vs Sahachari Singh
2023 Latest Caselaw 523 Jhar

                                                    1           Miscellaneous Appeal No. 251 of 2015


                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Miscellaneous Appeal No. 251 of 2015
                 Divisional Manager, National Insurance Co. Ltd. Having its Divisional
                 Office at Hindustan Building, Main Road, P.O. & P.S. Bistupur, Town
                 Jamshedpur, District- Singhbhum East              ... Appellant
                                         -Versus-
            1.   Sahachari Singh, wife of Late Devan Singh, resident of House No.7,
                 Village Lapungdih, P.O. & P.S. Tankocha, District Saraikella Kharsawan,
                 presently residing at Chingridih, P.O. & P.S. Nimdih, District- Saraikela-
                 Kharsawan
            2.   Narayan Chandra Ghosh, son of Late J.C. Ghosh
            3.   Ram Ishwar Sharma,, son of Late Manbodh Sharma, Both residing at
                 Chandil Station Basti, P.O. Tankocha, P.S. Chandil, District- Saraikella
                 Kharsawan                                         ... Respondents
                                            -----

            CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                            -----
            For the Appellant        : Mr. Alok Lal, Advocate
            For the Respondents      :
                                            -----

07/01.02.2023     Heard Mr. Alok Lal, learned counsel for the appellant.

2. Notices upon respondent nos. 1, 2 and 3 have been validly served in

view of the order dated 13.07.2022, however, nobody has responded on

behalf of respondent nos. 1, 2 and 3.

3. This appeal has been filed being aggrieved and dissatisfied with the

order dated 21.03.2015 passed by the learned Presiding Officer, Labour

Court, Jamshedpur, in W.C. Case No.02 of 2014.

4. The wife of the deceased namely Late Devan Singh has filed W.C.

Case No.02 of 2014 before the Labour Court, Jamshedpur under Section 4

of the Workmen's Compensation Act, 1923 for realization of death

compensation stating therein that the deceased was employed as Khalasi of

truck bearing registration No.BR16G-0210 under opposite party nos. 1 and

2, who are jointly owner of the said truck. The opposite party nos. 1 and 2

are carrying on transporting business all over India having branches at

different places including at Chandil district, Seraikella-Kharsawan. The 2 Miscellaneous Appeal No. 251 of 2015

deceased was engaged as Khalasi by the opposite party nos. 1 and 2. While

working as Khalasi on 02.03.2012, he was going on the said truck from

village Dagardih under P.S. Nimdih to Chingridih loaded straw and on the

said date at about 08:00 p.m. when the said truck reached at Bankati that

time due to rash and negligent driving of the vehicle the deceased who was

sitting over the loaded truck fell down and received head injury causing spot

death and in this regard F.I.R. was lodged by the staff of said vehicle

namely Sukdeo Singh vide P.S. Case No.08/2012 dated 02.03.2012, G.R.

Case No.182/2012. The said truck was insured with the appellant herein

which was valid from 26.03.2011 to 25.03.2012. The monthly wages of the

deceased Deven Singh was Rs.4,500/- @ Rs150/- per day excluding fooding

expenses. The deceased was aged about 55 years at the time of accident.

The deceased has left behind the legal heirs and dependent his wife, who

has filed the said W.C. Case No.02 of 2014.

5. The learned Labour Court after framing the issue, has decided the

case vide order dated 21.03.2015 and directed that the applicant in the said

W.C. Case is entitled to get compensation of Rs.2,55,010/- (since

Rs.50,000/- has already been paid from the actual compensation of

Rs.3,05,010/-), which was directed to be paid to the applicant by the

Insurance Company within two months from the date of the order.

6. Mr. Alok Lal, learned counsel for the appellant submits that the case

was filed under the Workmen's Compensation Act, 1923 only to make out a

case that Khalasi is governed under that Act considering that he was

employee of owner under that Act. He further submits that so far as Motor

Vehicle Act is concerned, professional premium is required to be paid for

Khalasi as held by several judgments of the High Court as well as the 3 Miscellaneous Appeal No. 251 of 2015

Hon'ble Supreme Court. He relied upon the judgment passed by the Hon'ble

Supreme Court in Ramashray Singh v. New India Assurance Co. Ltd.

& others; [2003 0 Supreme (SC) 637] . On that ground, he submits that

the case filed under the Workmen's Compensation Act was not maintainable

and the learned Presiding Officer, Labour Court, Jamshedpur has erred in

passing the impugned order.

7. In view of the submission of Mr. Alok Lal, learned counsel for the

appellant, the Court has gone through the order passed by the learned

Labour Court and finds that the learned Labour Court has framed following

issues:

(i) Whether death of the deceased Deven Singh, the Khalasi took

place in the course of and out of his employment?

(ii) Whether the applicant is entitled to any compensation? If yes,

to what amount and to whom?

8. While deciding issue no.(i), the learned Labour Court has taken note

of the fact that the deceased Deven Singh was Khalasi of truck bearing

registration no. BR16G-0210 and opposite party nos. 1 and 2 are the owner

of the said vehicle and the deceased was engaged as Khalasi by the

opposite party nos. 1 and 2 and while so working as Khalasi on 02.03.2012,

deceased was going in the said truck from village Dagardih to Chingridih

and on the way at about 08:00 p.m., the accident took place. The learned

Labour Court has also noted the fact that the Insurance Company has not

specifically denied the aforesaid facts and it has been only pleaded that

these are beyond the knowledge of the opposite parties and the applicant is

required to prove the same. The owners of the vehicle have not filed any

written statement, however certificate admitting that Late Devan Singh was 4 Miscellaneous Appeal No. 251 of 2015

working as Khalasi over their truck bearing registration No. BR 16G-0210

and they used to pay him Rs.4,500/= @ Rs.150/- per day has been filed on

behalf of the applicant issued by opposite party nos. 1 and 2, who are

owners of the vehicle. In that view of the matter, the employee-employer

relationship has not been contended on behalf of the Insurance Company

before the learned Labour Court and the learned Labour Court looking into

the certificate, has rightly held that Late Devan Singh was Khalasi and he

was employee. Thus, the case of Devan Singh is governed under the

Workmen's Compensation Act. The employee-employer relationship has

been proved. In that view of the matter, there is no illegality in the

impugned order passed by the learned Labour Court.

9. Accordingly, this miscellaneous appeal stands dismissed.

10. In view of the statutory provision made in the Act, the amount

deposited before the learned Labour Court shall be disbursed upon the

claimants on proper application, within eight weeks from the date of

receipt/production of a copy of this order.

(Sanjay Kumar Dwivedi, J.) Ajay/