(1.) THE above First Appeal was filed by the workman's father Bhumanna Poshanna, whose son Baburao Bhumanna, died on February 27, 1970 as a result of injuries sustained by him on February 14, 1970, challenging the judgment and order and passed by the Commissioner for Workmen's Compensation, Bombay dated November 30, 1971, dismissing Bhumanna's application for compensation of Rs. 6,000/ -with interest and costs.
(2.) THE relevant facts relied on by the Appellant may be briefly stated as under:
(3.) IN support of the claim one Laxman R. Patil, the Sub -Inspector of Police attached to Kherwadi Police Station, one Ramkrishna D. Kavalkar, a neighbour of the deceased Baburao, Gangaram Ashanna, Brother -in -law of the deceased were examined besides Bhumanna, who was at the relevant time at Palam District Nizamabad. On behalf of the Respondents Dattatraya K. Gore, Engineer Contractor was examined, who produced the muster for the month of February, 1970 and said that the name of the deceased Baburao was not in the muster ; but he admitted in cross -examination that Hari Ramchandra Ambavdekar was employed by their company as Site Engineer and he was supposed to be on the site looking after the work.