PUBLIC WORKS DEPARTMENT Vs. KAUSA

JUDGEMENT

(1.) THIS appeal has been preferred by the State Government against the order dated the 13th of March, 1962 passed by the Commissioner for Workmen's compensation Gwalior in Case No. 7 of 1959.

(2.) THE opponent Mt. Kausa had presented an application on 2-6-1959 under section 22 of the Workmen's Compensation Act (hereinafter referred to as the Act)against present appellant alleging that her husband Gokul who was working as a gang-jamadar in connection with the repair work on the Sakhya Vilash Road was murdered by certain persons of whom some were gangmen.

(3.) THE learned Commissioner has held that the deceased was killed while he was performing his duty as a gangman by certain miscreants. He has, however, not held that any of the miscreants were members of the gang which was working on the said road. P. W 1, Mr. Khetwani, P. W. D. Overseer, stated that the work of repairs was being done on the 8th furlong of the 6th mile from Gwalior on the gwalior-Jhansi Road; whereas Gokul was found lying murdered near a well at the 5th furlong. P. W. 4, Atraj, who was working in the same gang has stated that gokul left the gang at about 12 noon saying that he would collect the wages of the gangmen from the office. He never returned thereafter to join the gang. P. W. 3, nandram saw Gokul taking his meals along with the other gang-men at about 12 noon. On his return some two hours later he saw Gokul lying murdered at a distance of about 20 paces from the place where he had originally seen him. This evidence is altogether insufficient to prove that Gokul met his death at the hands of any of the gang-men who were working under him.