BELA M.TRIVEDI, J. - (1.) THE present appeal filed by the appellants -claimants under Section 30 (C) of the Workmen Compensation Act 1923 (hereinafter referred to as ''the said Act '') is directed against the judgment and order dated 19.08.1998 passed by the Workmen Compensation Commissioner Court, Kota (hereinafter referred to ''as the Commissioner '') in Claim Petition No.43/1993, whereby the Commissioner has dismissed the said claim petition of the appellants -claimants.
(2.) THE short facts giving rise to the present appeal are that the appellant No.1 happened to be the wife, and the appellant No.2 happened to be the son of the deceased Jagdish Singh. They had filed the claim petition before the Commissioner under the said Act claiming compensation of Rs.58,480/ - for the death of deceased Jagdish Singh, alleging interalia that said Jagdish Singh was working as the Head Cook in the canteen of the respondent's company, and on 23.10.1989 when he was discharging his duties, he sustained injuries on account of sudden falling down on the floor. It was further alleged that at the time of the said incident, the said Jagdish Singh was preparing breakfast on electric bhatti, and he suffered electric shock due to which he fell down. The said Jagdish Singh was thereafter taken to the hospital, where the doctors diagnosed that Jagdish Singh had suffered paralysis on the right side, described in medical terminology as ''hemipleasia ''. The said Jagdish Singh thereafter remained sick, and died on 10.10.1992. According to the appellants -claimants he died on account of the injuries sustained by him in the accident which had taken place during the course of his employment, and therefore, they being dependents were entitled for the compensation as claimed for. The said claim petition was resisted by the respondent -company denying the allegations made therein, and further contending interalia that the said Jagdish Singh had not suffered any injury on 23.10.1989, however he had fallen down on account of the attack of paralysis as he was not keeping good health. It was also contended that no accident as alleged had taken place on 23.10.1989 and that he had also not suffered any electric shock as alleged on the said date. The respondent had also contended that the said Jagdish Singh thereafter died on 10.10.1992 on account of his illness, and therefore the claimants were not entitled for the compensation as claimed for. The Commissioner after appreciating the evidence on record, dismissed the said claim petition vide the impugned order dated 19.08.1998. Being aggrieved by the said order the present appeal has been filed by the appellants -claimants.
(3.) LEARNED counsel Mr. Shailesh Prakash Sharma, for the appellants, taking the Court to the evidence of witnesses examined by the appellants, submitted that the deceased had died on account of injuries sustained by him on 23.10.1989, when he was discharging his duties as the Head Cook in the company of the respondent, and he received an electric shock from the electric bhatti on which he was working. Mr. Sharma also submitted that a thrombosis had developed in the brain of Shri Jagdish Singh on account of his falling down on the floor, and therefore, he had suffered paralysis. Mr. Sharma, referring to the evidence of the doctors, who had treated the said Jagdish Singh on 23.10.1989, and thereafter, submitted that the blood had clotted in the brain on account of his falling down resulting into partial paralysis and the said incident having taken place during the course of his employment, the claimants were entitled to the compensation under the Workmen Compensation Act. Mr. Sharma has relied upon the decision of this Court in case of Vimla Devi (Smt.) and Ors. Versus Assistant Engineer and Anr., 2008(1) DNJ (Raj.) 455 to buttress his submissions that the deceased having suffered injuries on account of the accident which had taken place during the course of his employment, the appeal deserves to be allowed. However, the learned counsel Ms. Bharti Trivedi for the respondent, supporting the findings arrived at by the Commissioner submitted that the appellants had failed to prove that the said Jagdish Singh had received an electric shock, and therefore, he fell down. According to her, the deceased was not keeping good health, and as per the medical evidence also, he had suffered partial paralysis, which could not be attributed to his employment.;