JIVIBEN CHANA SMT Vs. SHAH KARSAN LAKHA

JUDGEMENT

(1.) The appellants applicants who are the heirs of the deceased Chana Hira had field workmens compensation case No. 21 of 1977 in the Court of the Commissioner for the Workmens Compensation Act Kutch at Bhuj (hereinafter referred to as the Commissioner) against one Shah Karsan Lakha for compensation of Rs. 19,200.00 for the death of Chana Hira. The brief facts leading to the present appeal are as under:

(2.) . The opponent filed written Statement Ex. 12 and denied that the deceased Chana Hira Jesar was his servant and as per his order had gone with the truck No. GTY 2825 on 22-5-1977 and that the goods were being loaded in his presence. He denied that the deceased died as a result of his negligence. He also denied the other allegations and mainly contended that the deceased was not the workman and he was not the employee of the deponent and therefore the applicants were not entitled to any compensation under the Workmens Compensation Act.

(3.) . In view of the various contentions raised by the parties the Commissioner framed issues at Ex. 13 and ultimately came to the conclusion that the deceased Chana Hira was in the employment of the opponent. However the Commissioner came to the conclusion that the deceased was not bitten by the snake while the deceased was on duty and that the deceased did not expire while he was discharging duty in the employment of the opponent and ultimately the Commissioner rejected the application of the appellants by his judgment and award dated 7 Being aggrieved by the said judgment and Award of the Commissioner the appellants have filed this First Appeal.