HIRA DEVI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) This present appeal has been preferred against the judgement and order dated 26.4.1991 passed by the Commissioner, Workmen's Compensation, Pithoragarh, whereby the claim petition of the appellants bearing No. 9 of 1986, has been rejected.

(2.) Brief facts of the case are that the claimants have filed the claim petition on account of death of Late Dharam Singh, who was employed in the Irrigation Department. The case of the claimants is that on 22.1.1985, Dharam Singh was working in Rantoli Nahar along with other labourers and at about 9:00 a.m., one big stone fell down as a result of which, he received injuries and in Dharchula Hospital, he died at about 2:30 p.m. The appellants have stated that Dharam Singh was between 15 to 28 years at the time of his death and was earning Rs. 9.50.00 per day plus other emoluments and was getting a sum of Rs. 14.50.00 in total. Therefore, his monthly income was Rs. 405.00. The appellants have claimed a compensation to the extent of Rs. 34,310 as well as Rs. 17,155.00 as penalty.

(3.) A reply was submitted by the respondents and it was denied that the deceased was in the employment of the Department. On behalf of the appellants, PW 1 Hira Devi and PW2 Maan Singh were examined. On the basis of the evidence on record, the Workmen Compensation Commissioner has recorded a finding that there is nothing on record to suggest that the deceased was employed by the Department. The Workmen Compensation Commissioner, therefore, has rejected the claim of the appellants.