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1. Lalu @ Gajendra Kashyap who met with an accidental death on 07.12.

2.2011 when he was working as driver under the present Malathi.


The mother and father of deceased persons initially filed claim case before the Motor Accident Claims Tribunal, Janjgir - Champa
which was registered as MACC No. 22/2012. The said case finally got rejected on 30.08.2014 on the ground that the claimants are not
entitled for any compensation on account of the fact that the accident arose because of negligence on part of the deceased himself as
it was established before the Tribunal that the deceased was driving the tractor in a rash and negligent manner, thus disentitling the
claimants for the compensation. Subsequently, Respondent claimants filed a claim petition under Section 163 (A) of the Motor
Vehicle Act before the same Tribunal on 19.11.2014. Meanwhile the Respondents also filed a claim Petition before the
Commissioner, Employee's Compensation at Labour Court, Janjgir - Champa. Subsequent to the Registration of the said
claim case before the Labor Court under the Employee's Compensation Act, the Claim case filed under Section 163(A) before the
Motor Accident Claims Tribunal, Janjgir-Champa was withdrawn by the dependants on 11.1.2016. The fact that the Deceased had filed
a claim case under Section 166 and as also under 167(A) was not disclosed before the Commissioner, Employee's Compensation Act.

2. Mr. Raja was constructing a new house for his residential purpose, which is 300 feet away from C.M.Kalyana
Mandapam. The Madhu, who was a painting contractor, approached the raja for painting contract and the
painting work of the house was entrusted to the Madhu on 22.7.2010. A total sum of Rs.25,000/- was fixed to
complete the painting work at the house of the appellant and an advance of R.10,000/- was received by the
deceased on the same day. The employed three persons to do the painting work at the constructing house and
he had only supervised the entire work by frequently visiting the place as a contractor. The Madhu also used to
work along with other employees. While so, on 24.7.2010, in order to complete the work, the Madhu joined
with the other workers and started to do the painting work. At that time, while he was climbing up a big stool, he
fell down and suffered injuries. The Raja had admitted him in the hospital. But, on 4.8.2010, he had died. The
dependants are filling the claim petition before commissioner for death of Madhu in the course of employment.

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