MOHINI ROY Vs. DINESH GOPE

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 19th May,1997 passed by the Commissioner Workmen's Compensation, West Bengal, North Bengal Region, Jalpaiguri in Case No. 75 of 1996.

(2.) By the aforesaid judgment and order under appeal, the learned Commissioner dismissed the claim case filed by the appellants herein upon holding that the claimants are not entitled to any relief whatsoever. While coming to the aforesaid conclusion, the learned Commissioner came to the specific findings that the deceased was not on duty and did not die in course of his employment as required by the statute.

(3.) Going through the judgment and order under appeal, we find that the learned Commissioner specifically recorded that the O.P. No. 1, the owner of the truck in question admitted that the deceased Khagen Roy was a Khalasi of the truck and the said truck is covered by insurance policy of the O.P. No. 2, namely, the Insurance Company.