LAWS(MPH)-2006-7-133

RADHABAI Vs. SUJANSINGH & ANR

Decided On July 07, 2006
RADHABAI Appellant
V/S
Sujansingh And Anr Respondents

JUDGEMENT

(1.) Being aggrieved by the award dated 4.4.2002 passed by Commissioner, Workmen's Compensation (Labour Court), Indore in WC Case No. 14/92 whereby claim petition filed by the appellant under the provisions of Section 10 of the Workmen's Compensation Act has been rejected, the present appeal is filed.

(2.) Short facts of the case are that appellant who happens to be the widow of deceased Takesingh, filed the petition before Commissioner for Workmen's Compensation, Indore alleging that the deceased has died on account of a shock by electric current. It was further alleged that deceased was in the employment of respondents. The complaint made by the appellant was opposed by the respondents. It was alleged that deceased was never in employment of respondents. It was prayed that the application be dismissed.

(3.) On the basis of pleadings, learned Commissioner for Workmen's Compensation framed the issues, recorded the evidence and vide order dated 4.4.2002 found that deceased was in employment of respondents but dismissed the claim on the ground that appellant has failed to prove that when the deceased was in employment of the respondents for driving the tractor, then how he died due to electric shock.