SHONHAGYAVATI Vs. MANAGEMENT JAIPUR

JUDGEMENT

(1.) This appeal has been filed by the claimants against the order dtd.19.9.1996 passed by the Workmen Compensation Commissioner, Bhilwara rejecting their claim case No. 5/1989 - Smt. Shobhagyawati W/o late Sh. Ratan Singh Makvana and ors. V/s The Managing Director, Jaipur Mineral Development Syndicate Pvt. Ltd. and ors. on account of death of Ratan Singh Makwana, aged 43 years, between the night of 5.2.1987 to 6.2.1987.

(2.) The claim petition was filed against the present respondent - Jaipur Mineral Development Syndicate Pvt. Ltd. The learned Tribunal found in the impugned order that said death took place on account of fall of deceased Ratan Singh Makwana from 3rd floor of Ajanta Hotel, Bhilwara in midnight between 5.2.1987 and 6.2.1987 and the said deceased was in inebriated condition and was found dead without cloths in the said fall from 3rd floor and it appears to be a case of suicide committed by him The Workman Compensation Commissioner, therefore, found that the said death was not in the course of employment of the said workman with the respondent and therefore, his heirs would not be entitled to any compensation under the provisions of Workmen Compensation Act, 1923. It also came before the learned Tribunal in evidence that there was no mine of respondent Jaipur Mineral Development Syndicate Pvt. Ltd. at Bhilwara and he was appointed in said Company which had only one mine at the place known as Dagota Jharna mine. There were two Companies known as Jaipur Mineral Development Syndicate Pvt. Ltd. and Udaipur Mineral Development Syndicate Company Pvt. Ltd. and he was working as Electric Supervisor with Jaipur Mineral Development Syndicate Pvt. Ltd.

(3.) After recording the evidence, the learned Commissioner found that the said accidental death was not arising out of and in the course of employment of the deceased Ratan Singh Maksana and consequently, the claim petition deserves to be rejected.