RAJU Vs. CHAMPA LAL

JUDGEMENT

(1.) The present misc. appeal has been filed against the judgment dtd. 13/8/2012 passed by the Workmen Compensation Commissioner, Udaipur (hereinafter referred to as 'the learned Commissioner') in Claim Case No.W.C./F.(D.)-71/2008 whereby the claim petition as preferred by the claimants stood rejected.

(2.) The learned Commissioner while deciding Issue No.1, observed that the claimants failed to prove on record any connection between the nature of employment and death and further that the death did not occur in the course of the employment.

(3.) The facts are that a claim petition was filed by the claimants with the pleading that Shobha Lal Dangi, the deceased was engaged as a driver on a truck owned by respondent No.1. On 29/5/2008, Shobha Lal was en-route from Andhra Pradesh to Ahmedabad, transporting scrap material. Upon reaching Vallan village on National Highway No.8, he got down from the truck and while pulling a rope, fell down on his chest because of the rope breaking down, which resulted into his death on the spot.