HANS RAJ Vs. SUPERINTENDING ENGINEER PWD

JUDGEMENT

(1.) THIS Is an appeal under Section 30(1)(a) of the Workmen's Compensation Act against the judgment of the Workmen's Compensation Commissioner, Bikaner, dated December 31, 1971, whereby he disallowed claim of the appellant.

(2.) RAMESH Kumar was working as an overseer P.W.D. (B and R), Sub -division No. V, Sri Dungargarh. His monthly wages, during the relevant period, were Rs. 404/ -. He met with an accident en May 13, 1969 when he was traveling in a Government truck bearing registration No. RJK 4376. Ramesh Kumar was transporting a Government generator in she truck. The generator was leaded in truck at Dungargarh and in was to be deposited at Bikaner P.W.D. Office. This truck met with an accident in the course of journey resulting in death of Ramesh Kumar in the Government hospital, Bikaner on May 19, 1969 The appellant, who is the father of Ramesh Kumar, moved in application (sic) compensation to the tune of Rs. 10.000/ - on the ground that Ramesh Kumar at the time of accident was a workman within the meaning of the Workmen Compensation Act and his death occurred by accident arising cut of and in the course of his employment.

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