NATHUBHAI ALIAS NATWERBHAI Vs. CHANDRA QUARRY

JUDGEMENT

(1.) THE appellant, Nathubhai alias Natwarbhai Kohyabhai Chamar, filed an application in the Court of the Commissioner, for workmen's compensation and Civil Judge, (S.D.), at Himat Nagar, to obtain compensation for the death of Bai Nanda whom he claimed as his wife, under the workmen's compensation act from the respondents. The learned trial Judge, for the reasons stated in his judgment, rejected the appellant's application. Hence, this appeal.

(2.) THE appellant alleged that Bai Nandia (since deceased) was his legally wedded wife. Bai Nandia was in the employment of Chandra Quarry Works on a monthly salary of Rs. 150/-. On 24-1-1980 deceased Nanda along with other labourers was working in the Chandra Quarry Vadgam, and was digging the earth when all of a sudden there was a landslide, with the result that she sustained bodily injuries which resulted in her death. The appellant claimed that her death occurred out of the injuries which arose in the course of her employment with the respondent No. 1. He claimed to sum of Rs. 14,000/-, inclusive of funeral expenses, by way of compensation from both the respondents, jointly and severally.

(3.) THE trial Judge framed issues out of the pleadings. The relevant issues for my consideration are issue No. 1 and issue No. 4, since on the findings given on these issues the trial Judge has dismissed the application. Issue No. 1 is as to whether the appellant proved that Bai Nanda was his legally wedded wife, and issue No. 4 is whether the appellant proved that he was a dependant on the deceased, as denned in Section 2(1)(2) of the Workmen's Compensation Act. On both these issues, the trial Judge held against the appellant and dismissed the application.