Honble KAPOOR, J. – The petitioner claimant filed a claim petition before the Workmens Compensation Commissioner, Tonk in respect of death of her daughter Hukma who died in an accident on 28th January 1991 by truck No. R.J.E. 8221. The petitioners contention was that her daughter Hukma was working on the said truck for loading and unloading and was in employment of the truck owner, who is non petitioner No. 1. The accident occurred during the course of her employ- ment as such the claim was filed before the Workmens Compensation Commissioner (herein after referred to as the Commissioner). The petitioner applied for grant of interim compensation and this has been disallowed by the Commissioner by order dated 18th December 1992. It has been observed that prima facie it has not been satisfied that the deceased was an employee of the non- petitioner hence, no order can be passed u/s 140 of the Motor Vehicles Act 1988 (for short M.V.Act).

(2). A preliminary objection has been raised on behalf of the non petitioners about the maintainability of the revision petition. According to him the Commissioner is not any Court subordinate to the High Court as section 115 C.P.C. only covers the Civi

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