RAMWATTI Vs. DY CHIEF WILD-LIFE CONSERVATOR, KEVLADEV

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the order dated 02.08.2006 passed by the Commissioner Workmen's Compensation, Bharatpur in claim no. WC/19/2000 by which the claim application filed by the claimants was dismissed.

(2.) The brief facts of the case are that the appellants filed an application against the respondent stating therein that Ram Singh deceased was employed with the respondent on permanent basis as boatman cum Fire Watcher. He was 27 years of age at the time of incident. He died on on 13.12.1996 on account of an accident which occurred in the course and out of employment, the FIR was lodged about the accident. Lastly, the claimants prayed for awarding the compensation under the Workmen's Compensation Act.

(3.) The respondent filed reply to the claim application and denied that the deceased was employed on permanent basis and stated that he was employed on work charge basis. It was admitted that the deceased died on 13.12.1996. It was denied that the deceased died in the course of and out of employment. It was stated that the FIR was lodged with regard to incident and on enquiry under Section 174 Cr.P.C., it was found that the deceased had taken liquor and while going to his house either while passing urine or on account of staggering he fell down in the Ramgarh Bandh and died. Lastly, prayed for dismissal of the claim application.