- (1.) The present appeal has been filed by the appellants-claimants under Section 30 of the Workmen Compensation Act, 1923 against the order dated 13.4.2007 passed by the Commissioner, Workmen Compensation, Bharatpur(hereinafter referred to as 'the Commissioner'') in case no. WC/F/11/2004, whereby the Commissioner has dismissed the claim petition of the appellants-claimants.
(2.) As per the case of the appellants-claimants, deceased Ram Chand, who was husband of appellant no.1 and father of appellant nos.2 to 4, had died in an accident allegedly caused on 11.12.2003 while he was driving the vehicle being DL-6CA-6782 belonging to respondent no.1. According to the appellants-claimants, since the deceased Ram Chand was the employee of the respondent no.1, they had filed the claim petition claiming the compensation against the respondents. The said claim petition was resisted by the respondent no.1 contending inter alia that Sh.Pushpendra was not the owner of Om Sons Medical Store i.e. respondent no.1 and there was no existence of relationship of employee and employer between the deceased and the respondent no.1. The Commissioner after considering the material available on record, dismissed the said claim petition vide impugned order, against which the present appeal has been filed.
(3.) It has been sought to be submitted by learned counsel for the appellants-claimants that Sh.Puspendra S/o Omprakash was the owner of the vehicle in question and deceased while under his employment, had died as a result of accident which had taken place on 11.12.2003. He further submitted that the Commissioner has mis-appreciated the evidence on record and dismissed the claim petition on technical ground.;