VARIGANJI VENKATESWARLU BHUSHANGALLU Vs. VIJAYA ENGINEERING WORKS VIJAYAWADA

JUDGEMENT

(1.) This appeal is preferred under section 30 of the Workmen's Compensation Act.

(2.) The appellant was the petitioner in Case No. 295 of 1969. His son Koteswara Rao, was injured in an accident arising out of and in the course of his employment Under the respondent herein on 29th March, 1969 resulting in his death on 30th March, 1969. The appellant herein claimed compensation of Rs. 7,000 which was contested by the respondent.

(3.) It appears that the petitioner was examined, on 6th December, 1972. On 20th December, 1972 to which date the. case was posted for hearing, the applicant was present in person and the opposite party also was present. The applicant requested the officer, i.e., Commissioner for adjournment on the ground that his Advocate could not be present in Court on that day. The Commissioner rejected that request and directed the opposite party to lead their evidence. It appears two witnesses were examined by the respondent on 20th December, 1972, who were not subjected to cross examination either by the applicant or. by his Advocate. On the basis of the evidence of P. W. 1 and the respondents witnesses, the Commissioner decided the case holding that the applicant is not a dependent of the deceased and that the accident did not occur out of the employment of the deceased. In that view the application was dismissed without costs,