DULARI SINGH Vs. TRIBHUVAN MURARI DUBEY

JUDGEMENT

(1.) THE appeal has been preferred by the claimants aggrieved by dismissal of their application filed u/s 33 of the Workmen's compensation Act, 1923 before the Commissioner for Workmen compensation (Labour Court) Satna. The application has been dismissed as per order dated 14. 9. 2005 passed in case no. 17/04 wc Act, Fatal.

(2.) THE claimants preferred claim petition claiming compensation on account of death of Santosh Singh, aged 27 years, who was a driver working with Tribhuvan Murari Dubey, he used to drive marshal jeep, owned by T. M. Dubey and insured with Oriental Insurance co. ltd. He used to ply the vehicle on Chitrakoot-Maihar occasionally as per direction of the owner on 3. 4. 2004 deceased had gone to Jaleshwar along with the owner and thereafter at his direction went to amarkantak and Chitrakoot taking certain relatives of the deceased. The dead body of the deceased was found near semrabal river on 4. 4. 2004 within the area of P. S. Kothi, Satna. The jeep was found abandoned near K. P. college at Rewa. The vehicle was seized on 13. 4. 2004 from Rewa. Offence was registered against the unknown accused persons at crime no. 27/04. It was submitted that deceased used to earn rs. 2,000/-per month by way of salary and Rs. 80/-by way of allowance.

(3.) THE owner remained ex-parte.