IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL MISC. APPEAL NO.3269/2007 Manager E.S.I. Corporation Vs.Shahin Begum & Ors. 20.5.2008. HON'BLE MR. JUSTICE DALIP SINGH Ms. Daya Sharma, for the appellants. Shri Arun Sharma, for the respondent. This misc. appeal has been filed under Section 82 of the E.S.I. Act, 1948 against the judgment and decree dated 28.5.2007. A claim was filed by the respondent Nos. 1, 2 and 3 against the respondent No.4 and the appellant in respect the death of Zakir Hussain who was an employee of the respondent No.4 and assign the duties of Security Guard in the premises of J.K.Synthetics at Kota. Three issues were framed by the learned court below and on which the findings which were given start from page 7 of the certified copy of the impugned judgment. Learned court below came to the conclusion that there was no dispute that the deceased was an employee with the respondent No.4. The findings to that effect reads as follows: “िनयोजन मɅ होने का तो कोई ǒववाद नहȣं है ।” The learned court below after examining the evidence has further held as follows : “इस संबंध मɅ कोई ǒववाद नहȣं है Ǒक जे.के. का पǐरसर और जहां दघ[टना ु सूरसागर का पǐरसर वह एक हȣ िनयोÈ ता का है ......” On the basis of the above finding the learned court below came to the conclusion that the accident occurred on the premises belonging to J.K. Synthetics Ltd. Where the deceased was employed and deputed to perform his duties as security guard and the accident occurred during the course of the employment. Learned court below relied upon the claimants witness Chotu Khan who was accompanying the deceased and who has stated that he along with the deceased were on patrol duty when the accident occurred. Learned counsel for the appellant submitted vehemently that Chotu Khan had submitted during the course of investigation by the police that the deceased had climbed on the electricity pole and died of electrocution as a result thereof. The submission of the learned counsel for the appellant is concerned that it was not duty of the deceased to climb on the electricity pole and therefore it cannot be said that the death occurred in the course of employment, so far as the above submission is concerned the learned court below has held that Chotu Khan the eye witness had deposed that the deceased along with him were on patrol duty when the deceased died of electrocution by stepping as an electric wire, is concerned there is no cross examination of the witness on the above assertion and nor any evidence in rebuttal was led by the appellant so far as this aspect of the evidence of the claimants is concerned. The learned court below has also noted that there is no cross examination of Chotu Khan in respect of the alleged Naksa Moka (Site Plan) prepared by the police during the course of investigation and hence his testimony cannot be disbelieved. The learned court below after considering the evidence on record particularly in the form of Post Mortam Report Ex.4 of the deceased came to be conclusion that it shows ante mortam burn injuries on the feet of the deceased which show that the deceased while on patrol duty stepped on electricity wires which resulting in his death by electrocution. Thus so far as the submission of the learned counsel for the appellant is concerned that the deceased died as a resulting of electrocution on account of having climbed the electricity pole is concerned the same is not corroborated by the evidence by way of Ex.4 Post Mortam Report. I have heard learned counsel for the parties and having perused the impugned judgment and decree I find that the impugned judgment dated 28.5.2007 does not call for any interference. This appeal does not involve any substantial question of law as envisaged under Sub-Section 2 of the Section 82 of the ESI Act, 1948 and consequently the same is dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS