RATILAL KHOOBCHAND Vs. COMMISSIONER FOR WORKMEN COMPENASATION

JUDGEMENT

(1.) This is an appeal under section 30 of Workmen's Compensation Act, 1923 (henceforth 'the Act') against the order dated 1.9.1998 passed by the Commissioner, Workmen's Compensation- cum-Labour Court, Jabalpur (henceforth 'the Commissioner') in Case No. 73/897 Fatal.

(2.) On 28.9.1987, respondent No. 3, Lachhobai filed an application under the provisions of the Act before the Commissioner claiming that her husband Khedu Choudhary was working in the godown of the appellant Ratilal Khoobchand as a labourer. He died on 31.5.1986 at about 7 p.m. when he was in the process of arranging heavy bags of rice and wheat. It was alleged that his death was on account of the fact that one of heavy bags fell on his body and he died due to that accident. It was further claimed that on account of death of Khedu Choudhary during the course of employment and out of the employment, the respondent No. 3 claimant was entitled to compensation amounting to Rs. 60,000.

(3.) The facts alleged in the application filed before the Commissioner for compensation were denied by the appellant and the respondent No. 4. It was claimed that Khedu Choudhary was not the employee of the appellant. It was also alleged that he did. not die during the course of the employment and out of the employment with the appellant. It was further denied that Khedu Choudhary was drawing any wages from the appellant as a result of the employment and, therefore, it was urged that the application for compensation filed by respondent No. 3, Lachhobai before the Commissioner is liable to be dismissed.