EXECUTIVE ENGINEER Vs. HEERA RAM

JUDGEMENT

(1.) BY this appeal under section 30 of the Workmen's Compensation Act (No. VIII of 1923) (for short 'the Act' hereafter), the appell-ants have assailed the order dated November 21, 1979 of the Workmen's Compensation Commissioner (hereinafter referred to as 'the Commissioner' Bikaner, Churu and Nagaur, by which, he awarded a sum of Rs. 19,200/- as compensation and Rs. 100/- as expenses to the respondent, who is father of the deceased Multanaram.

(2.) A few facts leading to this appeal may briefly be stated. The respondent Heeraram, father of deceased Multanaram filed an application dated January 16, 1978 before the Commissioner for the award of compensation amounting to Rs. 19,200/- with costs to him from appellants No. l and 2. It was stated that deceased Multanaram was employed as a Workman by appellants No. 1 and 2 on February 12, 1977 as pipe fitter. It was alleged that on March 12, 1977, the deceased Multanaram was going on duty in Jeep No. RJK 5398 with Junior Engineers Sarva Shri Dwarka Dass Vyas, D. K. Joshi and Vinod Kumar Mathur from R. D. 900. A trouble arose in the Jeep and it became out of order at R. D. 888. It was made in order As the Jeep was not being driven satisfactorily Shri D. K. Joshi ordered to return to the headquarters at R. D. 900. It again went out of order at R. D. 895. The driver Amarsingh and the fitter Multanaram got out of the Jeep and attempted to check it and to remove the defects. The deceased Multanaram is said to have put his hand on the carburettor to start the engine. When he was doing so, there was a mis-fire with the result that the clothes of Multanaram caught fire and started burning. Despite the efforts being made to set out the fire, Multanaram was partially burnt. He was removed to the head-quarters at R. D. 900 and was given first aid. Subsequently on March 15, 1977, he was removed to the hospital. There he was reported to be dead. After his post-mortem on March 16, 1977, his dead body was taken to village Bhundana by his nearest relative J. E. N. Shri Sitaram and it was handed over to respondent Heeraram, father of the deceased Multanaram. In the application, it was stated that respondent, Heeraram, father of the deceased Multanaram, his mother and old grand mother were wholly dependent Upon Multanaram, and that the deceased Multanaram was unmarried, that at the time of the accident he was 22 years old and that he was getting Rs. 330/- as monthly wages. An application was submitted to the appellants No. 1 and 2 for grant of compensation but neither any reply was received nor any compensation was paid to the respondent. Thereafter, the respondent filed the application for grant of compensation as aforesaid.

(3.) RATNA Ram has supported Shri V. C. Mathur and Shri Sita Ram In this state of evidence it is to be examined whether the injuries which resulted in death were caused by the accident which arose out of employment.