Jagmohan Lal Tandon, J. - (1.) Raghunath was an employee of Messrs India Wollen Textile Mills (Private) Limited. G. T. Road Chheharta (Respondent No. )(sic) On May 10, 1966, at about 6 -45 P. M. he was painting brushes of the dyeing department. He fell down and died at the spot He was insured with the Employees State Insurance Corporation (Appellant). The Appellant paid Rs 16297 50 to the legal representatives of the deceased by way of insurance benefits. The Appellant applied to the Court under the Employee's State Insurance Act (hereinafter called 'the Act') for reimbursement to the extent of Rs. 16297 50 alleging that the accident took place on account of the negligence of the Respondent in as much as safety belt to the deceased bad not been supplied by them. The Respondents resisted the application averring that the accident had taken place on account of the negligence of the deceased himself and not because of any negligence on their part. The safety belt has been provided to the deceased which got loosened resulting n the accident. 2 On the pleadings of the parties, various issues were framed, out of which Nos 2 and 3 read as under:
(2.) Had the Respondents provided the deceased with safety belts and other accessories as alleged ?
(3.) If so, did Raghunath Singh died on account of the negligence of the employer ? 3. The trial Court found both the issues (Nos 2 and 3) in favour of the Respondents and consequently dismissed the application of the Appellant vide order dated December 2, 1972. It is against this order that the present appeal is directed;