ETELVINA VALLES Vs. PANDURANG TIMBLO INDUSTRIES

JUDGEMENT

(1.) THE widow and other dependants of the deceased workman approached the Commissioner for Workmen's compensation for grant of compensation in respect of the death of one Antonio esteves who was working as Captain of the barge belonging to the respondent No. 1. At the relevant time he was on the barge and according to the claimants-appellants, while he was in the course of inspecting the barge he slipped off into the river and drowned.

(2.) THE respondent has taken the defence of slipping off the barge not being arisen out of the course of duty, but as a result of the habit of drunkenness which, according to the employer, the deceased had.

(3.) THE learned Commissioner, after considering the evidence led before him, relying upon the doctrine of proof beyond reasonable doubt rejected the claim. Apparently, the Commissioner misdirected himself as to the principle of evidence and the degree of proof required in matters like this.