JUDGMENT :

[Sanjay Kumar Dwivedi, J.]

1. 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 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/- @ Rs. 150/- 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 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.; [2003 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 s