THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL MISCELLANEOUS APPEAL No.1711 OF 2002 DATED:04-12-2009 Between: L.Srinu (died) & 5 others. ..... APPELLANTS And G.Lakshmojirao & another. .....RESPONDENTS JUDGMENT: This appeal is directed against the order, dated 30-01-2001, in W.C.No.142 of 1996 on the file of the learned Commissioner for Workmen’s Compensation-cum-Assistant Commissioner of Labour, Vijayawada, wherein the said application filed by the appellants herein seeking compensation was dismissed. 2. Heard both sides. Perused the record. 3. Appellants herein filed the application before the learned Commissioner seeking compensation for the death of the deceased, who, according to them, died as a result of the employment injury sustained in the accident that occurred on 08-09-1992. The deceased was stated to be working as driver on the lorry bearing No.AHH 2817 and that on 08-09-1992, while he was driving the lorry from Calcutta to Mysore with a load of empty gunny bags the lorry met with an accident and overturned near Chatrapur police station, as a result of which the deceased sustained multiple injuries and subsequently died on 06-12-1997. The learned Commissioner dismissed the claim application on the ground that there was no nexus established between the accident that took place on 08-09- 1992 and the death of the deceased on 06-12-1997. 4. Admittedly, the claimants have not filed any claim application immediately or within a reasonable time after the accident claiming any compensation for the injury sustained by the deceased. The deceased was stated to be taking treatment for the injury sustained by him, but no medical evidence is produced to show that the deceased was on treatment continuously for a period of about five years from the date of the accident and till his death and that he succumbed to the injuries sustained in the accident. On the other hand, the evidence of A.W.2-Dr.K.Venkatarao would go to show that the deceased died of Tuberculosis. Even the 1st claimant-A.W.1 stated that her son died of Tuberculosis. Exs.A4 and A5 also show that the deceased was taking treatment for Tuberculosis. Thus, there is no evidence on record to show that the death was on account of the injury sustained in the accident. In the absence of such evidence and having regard to the fact that the death occurred about five years after the accident, the learned Commissioner has rightly held that the claimant failed to establish any nexus between the accident and the death of the deceased. In other words, the claimants have failed to establish that the deceased died on account of the injuries sustained in the accident. 5. Under those circumstances, the claimants are rightly held not entitled for any compensation. As the death is not shown to have resulted from any employment injury, the impugned order is held not liable to be set aside. 6. In the result, the appeal is dismissed. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 04th December, 2009 Tsy