RAMJI Vs. COMMISSIONER FOR WORKMENS

JUDGEMENT

(1.) By this present appeal, the appellants raised question about the validity and legality of the impugned judgment and order dated 03/08/2004 passed by learned Commissioner, Labour Court, Bhandara under the Workmen's Compensation Act in F.W.C.A. Case No.9 of 1997.

(2.) Facts briefly stated as under Deceased Shriram Kahalkar was the son of original applicantsappellants. They had claimed compensation under the Workmen's Compensation Act on the ground that they are dependents of the deceased Shriram Kahalkar.

(3.) Learned Commissioner held that the applicants failed to prove that the salutary fact that applicants (present appellants) were dependents of the deceased workman and that deceased Shriram died by accident arising out of and in the course of employment with Rajkumar Prataprai Paryani. Learned Advocate on behalf of the appellants strongly relied upon averments made in the application under Section 22 of the Workmen's Compensation Act, 1923 pleading that the deceased was only earning member of the family of the applicants and that the applicants are only his dependents and legal heirs of deceased Shriram, who died on 28/02/1997 in the accident which occurred out of and in the course of employment with Rajkumar Prataprai Paryani.