S.S. Sodhi, J. - (1.) ON June 7, 1977 Gabbar Singh, who was working as a Chowkidar in S. & K. Plastic Industries, Gurgaon was found lying dead in the premises of the said firm which was then under construction. The cause of death was electrocution. It is stated that there had been a storm during the night before as a result of which the electric pole had fallen and the deceased was electrocuted by the wires thereof.
(2.) A claim for compensation under the Workmen's Compensation Act (1923) (hereinafter referred to as the 'Act') was filed by Ram Rakhi Devi claiming herself to be the widowed mother of Gabbar Singh deceased, upon whom, she stated, she had been wholly dependent. This claim was negatived on the finding that Ram Rakhi Devi had failed to prove her relationship with the deceased and it was also held that the accident here had not been shown to have arisen in the course of the employment of the deceased. No appearance has been put in on behalf of any of the respondents to seek to contest the claim of Ram Rakhi Devi, the present appellant. They were accordingly proceeded ex parte On a reading of the evidence on record in the light of facts and circumstances of the case, neither of the findings recorded by the Commissioner appointed under the Act as referred to above can be sustained As regards the relationship of Ram Rakhi Devi with Gabbar Singh, deceased, there is the unrebutted testimony of AW. 5 Tarlok Singh to establish that Ram Rakhi Devi was the widowed mother of Gabbar Singh deceased It was his testimony that Gabbar Singh was his father's younger brother's son and Ram Rakhi Devi was the mother of Gabbar Singh This close relationship of this wit ness with the deceased clearly put him in the special position of knowing the relationship of the deceased with Ram Rakhi Devi. There is no material on record creating any doubt in this evidence There is, thus, no escape from the conclusion that Ram Rakhi Devi was the widowed mother of Gabbar Singh deceased.
(3.) THE next question which calls for determination is whether the accident arose out of and in the course of employment of Gabbar Singh, deceased. It is the testimony of R.W. 1 Kumar Kohli, respondent himself that Gabbar Singh had been employed as a Chowkidar and he had also been provided accommodation to live in the premises There was no other Chowkidar What is more, there was also a tube -well there with a 5 Horse -power motor which had an electric connection. As has been mentioned above, the evidence on record further shows that there had been storm during the night in the course of which the electric pole had fallen and it was with the wires thereof that the deceased had been electrocuted.;