R B MOONDRA AND CO Vs. BHANWARI

JUDGEMENT

(1.) THIS appeal by the employer is directed against the judgment of the Workmen compensation Commissioner, Jodhpur dated 15th May, 1967 allowing Rupees 7000 compensation to the widow of deceased Gordhansingh.

(2.) THE material facts which have given rise to this appeal may he shortly stated thus. The deceased was employed as a driver on a truck of the appellant which used to carry petrol tank. The deceased reported to the appellant that the tank was leaking upon which the appellant got the tank partly filled with water at night and ordered the deceased to check it on the next morning. On the next morning i. e. , on 10th November, 1963, the deceased entered the tank to see from where it leaked and lighted a match stick as a result of which it caught fire and the deceased received burns due to which he succumbed subsequently.

(3.) THE evidence produced on behalf of respondent No. 1 was that the match box was supplied to the deceased by the appellant. But this fact was denied by the appellant in his deposition and in the opinion of the learned Commissioner it was doubtful that the appellant had given the match box to the deceased though no reasons are given for the aforesaid conclusion.