DILIP SINGH Vs. G M CENTRAL RAILWAY

JUDGEMENT

(1.) This appeal is directed against the order of the Commissioner under the Workmen's Compensation Act, 1923 dated 7.6.1999, whereby the claim of the claimants has been dismissed.

(2.) Shortly stated, the facts of the case are that Rewal Singh (deceased) was employed with the respondents as khalasi/ gangman. He was receiving monthly wages of Rs. 1,006 and was 32 years old when the accident took place on 31.12.1987. Claimants are children of the deceased. They were minors at the time of the accident and their mother left the house after being unable to bear the shock of death of her husband and her whereabouts are not known even now. After reaching the age of majority, the claim petition has been filed claiming a compensation of Rs. 1,90,497 and salary for 13 days.

(3.) Respondents have stated that the deceased was on leave from 26.12.1987 to 30.12.1987. He was to report for duty on 31.12.1987, but during the course of leave, he died. Therefore, the claimants cannot be paid compensation. The wages for 13 days is pending with the respondents which the claimants can take after completing necessary formalities. Therefore, the claim is liable to be dismissed.