Vineet Kothari, J. - (1.) (Oral)- The present appeal has been filed by the appellant/claimant, father of deceased workman-Muknaram, who unfortunately lost his life in an accident while he was working as Cleaner ("Khalasi") on Truck number RJ-19-G-0671 and on 13.06.1997 while the said Truck was in transit from Jodhpur to Calcutta, the said truck met with an accident and the injured son of the appellant, namely, Muknaram died in hospital while under treatment.
(2.) The appellant/claimant Arjun Ram, filed the claim petition under the provisions of Workmen Compensation Act and also produced a certificate of payment of salary of Rs.2000/- per month from the owner of offending vehicle Truck, third respondent, Jawataram (Ex.2). However, the learned Commissioner, Workmen Compensation, Jodhpur rejected the claim petition with the following observations:- ...[VERNACULAR TEXT OMITTED]...
(3.) Mr. L.K. Purohit, learned counsel for the appellant/claimant submitted that rejection of the claim is absolutely unsustainable since the father of the deceased Arjunram had clearly stated before the learned Commissioner that deceased, Muknaram, was working as Cleaner on the said truck had also produced a salary certificate signed by the owner of the vehicle, viz. Sh. Jawataram; and despite these two oral and documentary evidence, the claim petition was rejected. He further submitted that the claim petition deserves to be decided on merits determining the compensation as it is a death case.;