Dinesh Maheshwari, J. - (1.) HAVING heard learned Counsel for the petitioner and having perused the material placed on record, this Court is unable to find any reason to consider any interference in the impugned order dated 30.05.2005 (Annex. 6) as passed by the Workmen's Compensation Commissioner, Bhilwara ('the Commissioner'); and this Court is clearly of opinion that this writ petition, being totally bereft of substance, deserves to be dismissed with costs.
(2.) THE claim for compensation has been made before the Commissioner by the dependents (wife and minor children) of late Pokhar Balai, while joining one Shanker Lal and another Pusa Lal Choudhary as the non -applicants Nos. 1 and 2 with the present petitioner as the non -applicant No.3. The claimants have averred in their claim application (Annex.1) that the deceased Pokhar Balai was employed as a tractor driver with the non -applicants Nos. 1 and 2 and was supplying water at the works of the non -applicant No.3; and have alleged that thiswise, the deceased was in employment of all the three non -applicants. It has been averred that during the course of such employment, the victim met with his untimely end for an accident that occurred within the premises of the non -applicant No.3 (the present petitioner) on 12.05.2002. While stating the age of the victim at 40 years, and his monthly income at Rs. 4,000/ -, the claimants have sought compensation in the sum of Rs. 3,78,340/ - against all the nonapplicants.
(3.) THE non -applicant No.3 (the present petitioner) has filed a reply (Annex.2) to the claim application, with the submissions, inter alia, that the victim was not in its employment nor died during the course of any such employment. According to the petitioner, it was found during investigation, that while water was being supplied from the tractor, the deceased sustained fatal injuries while attempting to reach the upper branches of a tree with a long iron rod that came in contact with 33 KV electricity line.;