STATE OF RAJASTHAN Vs. KESU LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 20.8.1999 passed by learned Workmen's Compensation Commissioner, Rajsamand, (hereinafter referred to as 'the Commissioner') in W.C. Case No. 8/97, whereby the learned Commissioner awarded a sum of Rs. 1,29,136/ - as compensation in favour of respondent -claimant.

(2.) BRIEFLY stated, the facts of the case which are relevant and necessary for the decision of this appeal, are that a claim petition was filed by the respondent -claimant claiming compensation on account of death of his wife Smt. Manaki due to employment injuries sustained by her on 29.2.1996. In the claim petition the respondent claimant specifically pleaded that the deceased Smt. Manaki wife of the respondent, was working as labourer in the employment of the appellant. She was engaged in raising a wall with the help of stones on 29.2.1996. During the course of her employment, personal injuries were caused to her by an accident, as a heavy stone fell on her and she was crushed under the said stone and succumbed to the injuries. It was also stated that on the relevant date of the accident, she was working with employer State and used to earn Rs. 32/ - per day and was 32 years of age.

(3.) LEARNED Counsel for the appellant contended that the learned Commissioner fell in error in not framing issues arising out of the pleadings of the parties. He further contended that Rule 28 of the Workmen's Compensation Rules, 1924 (for short 'the Rules of 1924') provides that after considering any written statement and the result of any examination of the parties, the Commissioner shall ascertain upon what material propositions of fact or of law, the parties are at variance and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to him to depend.