SHARBATI DEVI Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 30.3.1989 passed by the Commissioner, Hisar Circle, Hisar under the Workmen's Compensation Act, 1923 (for short 'the Act') whereby the application for compensation filed by the appellants was dismissed.

(2.) BRIEFLY stated, the facts of the case are that Bhura Ram, son of Bhani Ram, husband of appellant No. 1 and the father of appellant No. 2 was employed as a bus driver in Haryana Roadways, Sirsa. He was appointed as a driver on 24.10.1969 and was allotted driver No. D25. After serving for 17 years as a driver in Haryana Roadways, Bhura Ram died on 13.5.1986 due to tuberculosis (for short 'TB'). After the death of Bhura Ram, the appellants filed an application for compensation under the Act alleging, inter alia, that Bhura Ram died due to TB which he had contracted during the course of his employment. It was claimed that the disease suffered by the deceased was an occupational disease. The appellants claimed that at the time of death, Bhura Ram was drawing salary of Rs. 1,340 per month and was of the age of 45 years. The appellants thus, claimed total compensation of Rs. 90,819.84.

(3.) ON the pleadings of the parties, the following issues were framed: