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2000 Supreme(Guj) 211

D.C.SRIVASTAVA
DHANLAXMIBEN JITENDRAPRASAD – Appellant
Versus
EMPLOYEES STATE INSURANCE CORPORATION – Respondent


Advocates Appeared: A.J.PATEL, H.M.PATEL, S.R.SHAH

D. C. SRIVASTAVA, J.

( 1 ) THIS is Applicants Appeal against the Judgment and Order dated 21. 8. 1979 of Employees Insurance Court, Ahmedabad, refusing to declare dependency benefits to the applicants- appellants on account of alleged death, of Jitendraprasad Chhotalal, which was alleged to have occurred in the course of his employment.

( 2 ) BRIEF facts giving rise to this appeal are that Jitendraprasad Chhotalal, an insured person, was working as employee in Ahmedabad - Sarangpur Mills Co. Ltd. as Kanta Karkoon. His duty hours were from 7. 00 a. m. to 6. 00 p. m. with recess from 11. 30 a. m. to 2. 00 p. m. On 19. 4. 1976 the deceased attended his duty in the aforesaid Mill at 7. 00 a. m. and worked till 11. 30 a. m. On account of mental and physical strain he informed his colleague Gotambhai Thakorlal Patel that he would be going to his home in the recess and take some rest and get rid of tireness and return to his job. At about 11. 30 a. m. on that date he boarded bus of Route No. 2 to reach his house and alighted from the bus near Model Cinema to walk down to his residence. On way to his residence near Balahanuman he stumbled presumably by something on the road that may have kn

















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