FAO 426 of 2007 16.4.2009 Present: Shri H.S. Rawat, Advocate, for the appellants. Shri Romesh Verma, Advocate, for the respondent. FAO 426 of 2007 This appeal is directed against the order of the Commissioner under Workmen Compensation Act awarding a sum of Rs. 3,27,488/- for the death of Harnam Singh who was employed as a driver with the appellant, herein. Learned counsel appearing for the appellants submits that the Commissioner was in error in entertaining the claim and awarding the amount of compensation as the deceased was under the influence of liquor at the time when the death of the workman occurred. I have heard the learned counsel appearing for the appellant and gone through the record. I do not find that in the reply to the petition for grant of compensation any such ground has been taken. Learned counsel refers to the pleadings taken by the appellant Corporation in the application preferred under Section 5 of the Limitation Act pleading therein that deceased was intoxicated at the time of the accident. Even if this plea is accepted, I do not find any material on record to show that the deceased was under the influence of alcohol or had consumed any alcoholic beverage. This could be proved from the post mortem report of the deceased which has not been produced on record nor there is any other evidence on record to establish this fact. For the reasons stated hereinabove, no question of law arises for determination in this appeal, which is accordingly rejected. CMP 965 of 2007 Dismissed as infructuous. April 16, 2009 (Dev Darshan Sud) (ms) Judge