JUDGEMENT

1. This appeal under section 30 of the Workmen’s Compensation Act , 1923 is directed against the judgment and award dated 26th April, 2013 passed by the Labour Court and Ex-Officio Commissioner for Employees Compensation, Mehsana in Workmen’s Compensation Application No.5/2005, New No.63/2008, whereby the application made by the appellants herein has been rejected.

2. The facts stated briefly are that deceased Babubhai Ramabhai Vaghari was serving as a permanent driver with the respondent - Gujarat State Road Transport Corporation. On 16th June, 2003, the deceased in the course of his duties was driving a bus bearing Registration No.GJ-18-V-2067 and was going to Mehsana from Idar. At 8:30 in the morning, when the deceased reached near Malekpur Patia, on account of insufficient repairing, a spring of the bus broke due to which the bus slid down and was overturned. The deceased sustained injuries on his body including his back. Because of the injury sustained by him, the deceased was immediately shifted to the Visnagar Government Hospital and thereafter, having regard to the nature of the injuries, he was immediately shifted to Mehsana Civil Hospital. After a long period of