JIVIBEN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record. 1.1 The appellants herein have challenged the judgement and award dated 07.04.1994 passed by the Commissioner for Workmen's Compensation, Rajkot in W.C. Case No. 52 of 1988 whereby the Commissioner granted Rs. 21995/- by way of compensation to the original claimants.

(2.) IT is the case of the original claimants parents of the deceased employee that on 28.07.1986 the deceased had been working on the site of the respondent employer and died in the premises of the factory. IT is the claim of the claimants that the deceased died during the course of employment and hence is entitled to compensation under the Workmens Compensation Act. The Commissioner under the Act after hearing the parties granted compensation as aforesaid.

(3.) THIS court having heard learned advocates for both the sides and having perused the papers on record is of the view that it is an undisputed fact that the deceased died during the course of employment as a result of which the compensation was granted accordingly. The authority considered the period of apprenticeship as well as Ex. 23 in concluding the income of the deceased. There is nothing to show on record that the deceased was an employee on the date of accident. THIS court does not find any infirmity in the award passed by the Commissioner. The authority has taken a lenient view and awarded compensation which is just and proper.