The main legal point established in the judgment is that under the Workmen's Compensation Act, 1923, there must be a casual connection between the death of the workman and his employment for the employer to be liable for compensation.

Earlier the present appeal was heard on 26-8-2004 and judgment was delivered on the same day. Later on the learned counsel for the appellant moved correction/modification application. The applicant was allowed vide order dated 4-10-2004 and the judgement and order dated 26-8-2004 was recalled. The judgement was reserved after hearing the case afresh on 14-10-2004.

2. By the aforesaid appeal the applicant has prayed for setting aside the order passed under workman's compensation Act. The claimant Sh. Bhupendra Singh was working as labour on 2nd March 1979. Near Bajrauli he received grievous injuries and according to him he was getting a sum of Rs. 160/- per month towards the salary and as such the amount of Rs. 23,520/- was claimed by the injured. However later on he expired.

3. Brief facts giving rise to this appeal are that one Bhupendra Singh, the son of the appellants instituted a claim case no. 6 of 1980 before the Workmen Compensation Commissioner, Pithoragarh under the provisions of the Workmen Compensation Act, 1923 with the averments that while working on the road side near a place known as Askot (Pithoragarh) on 2nd March, 1979 as a gang-labour of D.G.B.R., which is a unit of 21 B.R.T.F. (GREF) C/o 56 A.P.O., he received grievous injuries as a result of which he became permanently disabled. It was further averred in the claim Petition that at the time of accident the injured was getting Rs. 160/- per month from the D.G.B.R. and as such he was entitled for compensation from the opposite party to the extent of Rs. 23,520/-.

4. The injured died on 27-03-1980 i.e. after about a year. Thereafter the appellants who are the parents of the deceased Bhupendra Singh were substituted as claimants in the claim application. The father of the deceased, namely, Gopal Singh appeared in the witness box as P.W.-1 to support the averments made in the claim application. He has stated on oath before the Workmen Compensation Commissioner, Pithoragarh that on the fateful day i.e. 02-03-1979, while working on the road side his son Bhupendra Singh sustained grievous injuries and he was medically treated at Askot hospital from 2nd March to 15th March 1979 and thereafter he was shifted to Govt. hospital, Pithoragarh for further treatment. He has stated as under :-

5. In cross-examination, the P.W.-1 Gopal Singh categorically stated that his son died due to the injuries sustained by him earlier. The relevant portion is reproduced to below :

6. The statement of the P.W.-1 to the effect that after the accident his son had not recovered and he had mental problem with him and that his son died due to the injuries sustained by him in the accident dated 02-03-1979 stood unrebutted.

7. P.W.-2 Har Smgh is also a gang-labour and is an eyewitness of the accident as he was working with the deceased on the same roadside on the date of accident. He has stated that deceased Bhupendra Singh has sustained grievous injuries on the road-site. He has. categorically stated that after 2nd March 1979 the deceased Bhupendra Singh did not work as a labour. The relevant statements are reproduced to below :

8. Dr. Kalyan Singh who had medically examined and treated the injured Bhupendra Singh initially in the Govt. hospital, Askot on 02-03-1979. He appeared as P.W.-3 before the Workmen Compensation Commissioner, Pithoragarh and he has proved his medical report regarding injuries sustained by the injured Bhupendra Singh on 02-03-1979. The relevant statement is reproduced below :

9. The Workmen Compensation Commissioner, Pithoragarh has rejected the claim of the claimants/appellants on the ground that there has not been any co-relation with the work and the accident leading to the death of the injured.

In this connection it may be mentioned that the respondent did not produce any evidence before the Workmen Compensation Commissioner, Pithoragarh to the effect that from the date of accident till the date of death of the injured, i.e. for a period of about one year