RAMKALI BAI Vs. S. SWAMINATHAN

JUDGEMENT

(1.) THIS appeal by the claimants Under Section 30 of the Workmen's Compensation Act has been directed against the order dated 11-11-1978 passed by the Commissioner for Workmen's Compensation (hereinafter referred to as 'The Commissioner') passed in case no. 10/W.C. (Fatal)/78, rejecting the appellants' claim for Compensation.

(2.) THE deceased Shivnath husband of the appellants No 1 and 2 and father of appellants no. 3 to 5 was working in Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur (hereinafter referred to as 'the University) as a Chowkidar on a daily wages @ Rs. 4 (rupees four). It is alleged that in the midnight of 20th July 1977 at about 12 30 a.m. while he was on duty as Chowkidar in Adhartal Dairy Farm Store of the University he was bitten by a snake which resulted into his death next morning to Victoria Hospital, Jabalpur. The appellants, therefore, led a claim for compensation under the Act. The claim petition was resisted by the respondents on the ground that the deceased Shivnath was not a workman under the Act and that he did not die because of snake bite during the course of and out of the employment.

(3.) THAT only point for consideration in this appeal is whether the learned Commissioner took the right view of the evidence on record in coming to the conclusion that the deceased Shivnath was not bitten by the snake during his duty hours. A perusal of paras 12 to 14 of the impugned order will go to show that the learned Commissioner had scrutinized the evidence of all the witnesses adduced by the claimants/appellants and on evaluation of their evidence took the view that they were not a worthy of reliance. He, therefore, accepting the evidence of Shri S.P. Sharma (PW 1) and that of Dr. H.K.B. Parekh (DW 1) took the view that the deceased was not bitten during duty hours. On going through the evidence on record 1 am also of the view that the view taken is borne out from the material on record and is quite reasonable.