S.N.MODI, J. - (1.) THIS Is an appeal under Section 30(1)(a) of the Workmen's Compensation Act against the judgment of the Workmen's Compensation Commissioner, Bikaner, dated December 31, 1971, whereby he disallowed claim of the appellant.
(2.) RAMESH Kumar was working as an overseer P.W.D. (B and R), Sub -division No. V, Sri Dungargarh. His monthly wages, during the relevant period, were Rs. 404/ -. He met with an accident en May 13, 1969 when he was traveling in a Government truck bearing registration No. RJK 4376. Ramesh Kumar was transporting a Government generator in she truck. The generator was leaded in truck at Dungargarh and in was to be deposited at Bikaner P.W.D. Office. This truck met with an accident in the course of journey resulting in death of Ramesh Kumar in the Government hospital, Bikaner on May 19, 1969 The appellant, who is the father of Ramesh Kumar, moved in application (sic) compensation to the tune of Rs. 10.000/ - on the ground that Ramesh Kumar at the time of accident was a workman within the meaning of the Workmen Compensation Act and his death occurred by accident arising cut of and in the course of his employment. The application was contested by the Superintending Engineer, PWD (B and R), Project, Bikantr. He admitted that the truck No. RJK 4979 was a Government truck and it met with accident on May 13, 1969 which resulted in the death of Ramesh Kumar. He denied that at the time of accident Ramesh Kumar was on duty and he lest his life by accident arising out of and in the course of his employment. He also denied that Ramesh Kumar on the relevant date was a workman within the meaning of Work men's Compensation Act.
(3.) ON the pleadings of the parties, the following issues were framed, - 1. Whether the applicant's son was a workman within the meaning of the Act? 2. Whether the accident arose out of or in the course of employment? 3. Whether the amount of compensation claimed by the applicant is payable? 4. Whether the opposite party is liable to pay the said compensation? ;