K MALLIKA Vs. EXECUTIVE ENGINEER POTTERU IRRIGATION

JUDGEMENT

(1.) The claimant has filed this appeal against the decision of the Workmen's Compensation Commissioner, Jeypore (for short, 'the Commissioner') rejecting an application for compensation.

(2.) The claimant-applicant is the widow of late K. Bhagirathan, who was working as an Assistant Store Keeper under the respondent. The deceased had gone from Balimela to Hirakud for collecting materials for the project. It appears that the deceased was admitted to V.S.S. Medical College & Hospital, Burla, on 2.2.1981 and subsequently died there on 16.2.1981. An application for compensation was filed by the widow on the ground that the death was caused due to an accident arising out of and in the course of employment. The respondent in written statement stated that the deceased was admitted to hospital on 2.2.1981 and was operated as there was perforation of the peptic ulcer and subsequently he had died. It was claimed, inter alia, that the death was not on account of any accident arising out of employment.

(3.) The Commissioner found that the deceased was a workman, but there was no material to indicate that the death was on account of an accident arising out of employment.