EXECUTIVE ENGINEER Vs. BACHNO BAI

JUDGEMENT

(1.) THIS appeal has been filed under Section 30, Workmen's Compensation Act against the order of the Workmen's Compensation Commissioner, Sri Ganganagar dated May 28, 1987 by which the appellants have been directed to make payment of Rs. 48, 634. 40 P. with interest to the respondents. The facts of the case giving rise to this appeal may be summarised thus.

(2.) LATE Arjan Singh was working as a Beldar under the control of the appellants. On 28. 10. 85, he was entrusted with the work of spraying water on the canal banks along with Karnail Singh, under the supervision of Ramchandra. His duty hours were from 8 A. M. to 5 P. M. After duty hours, he did not come back to his house. Accordingly, his search was started. On 2. 11. 85, his cycle was found beneath a bridge near the place wh-re he was working and his dead body was found floating at a distance of two-and-half kms. from this bridge. A report to this effect was made by his father Palsingh in the Police Station, T. B. (Sri Ganganagar)- The post-mortem examination on his dead body was conducted and drowning was found to be the cause of his death. A claim petition was moved under Section 22 of the Act before the Workmen's Compensation Commissioner, Sri Ganganagar by the widow and three children of the deceased stating that Arjan Singh received personal injury by accident arising out of and in the course of his employment resulting in his death. The appellants filed their reply admitting that the deceased was in their employment till October 25, 1985 as a Beldar and his pay in respect of the period from 1st October to 28th October, 1985 had not been paid. The remaining allegation of the claim petition have been denied. The Workmen's Compensation Commissioner framed necessary issues and recorded the evidence of the parties. After hearing them, he awarded the said compensation by his order under appeal.