V.P. Tyagi, J. - (1.) THIS miscellaneous appeal is filed by Panna under Section 80 of the Workmen' Compensation Act, 1953 (hereinafter called 'the Act') and is directed against the order of the Workmen's Compensation Commissioner. Kota Division, Kota, dated May 20, 1969, distrusting the appellant's claim.
(2.) THE case of the appellant before the Commissioner was that his wife Mst. Raji was in the employment of respondent Sardar Surendra Singh who had taken a contract near Mangrol. Mst. Raji, along with other laborers, was being taken by the respondent to the sate of the work on March 8, 1967 but before the truck could reach the destination, it overturned with a result that Mst. Raji expired on the pot. A claim of Rs. 7000/ was filed by her husband appellant Panna under the Act. Sardar Surendra Singh denied his liability and came out with a plea that he did not employ Mst. Raji on the day when the accident had taken place for did he have any contract of constructing a bridge on the road for which the alleged employment is said to have taken place. It may be mentioned that along with Mst. Raji, few other labourers died on account of that accident and their heirs also filed compensation claims before the Commissioner, It appears that the proceedings in all those claims were taken together. However, the learned Commissioner, after recording the evidence of the various claimants, came to the conclusion that the clarinet failed to prove the employment of the deceased person with the respondent and therefore, he found hem self unable to decree the claims under the provisos of the Act It is against his order of the learned Commissioner that the present appeal has been filed.
(3.) SHRI Daleep Singh, appearing on behalf of the appellant urged that the statement of Panna clamant finds corroboration from the independent testimony of Seth Motilal who has been examined as PW. 5. These two statements, according to the learned Counsel, go to establish the relationship of master and servant between the respondent and Mst. Raji and as such, the status of Mst. Paji has been proved to be that of a workman under the provisions of the Act.;