BABY Vs. SHEELA JALAN

JUDGEMENT

(1.) This appeal is by the claimants before the Commissioner for Workmen's Compensation aggrieved by the dismissal of their claim application.

(2.) It was the case of the appellants before the Commissioner that on 19-1-2003, when the husband of the first appellant viz., Krishna Shetty, had stopped the vehicle near Talapadi Petrol Bunk and had gone to attend the nature's call, he suddenly fell down and died. Stating these facts and also contending that the deceased was employed by respondent 1 as a driver for Rs. 4,500/- per month as salary, compensation was sought.

(3.) The said application was resisted by the respondent before the Commissioner by contending that, 19-1-2003 happened to be a Sunday and on that day, the deceased was having holiday and, therefore, some other driver was asked to take the tanker on the next day i.e., 20-1-2003. The further stand taken before the Commissioner by respondent 1 was that, Krishna Shetty went home and there he died.