IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO 455 of 1984 DATE OF DECISION : JANUARY 31, 2008 SMT. DAWARKI DEVI ....... APPELLANT(S) VERSUS GENERAL MANAGER AND OTHERS .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: None for the appellant. Mr. CB Kaushik, Advocate, for the respondents. AJAI LAMBA, J. (Oral) This appeal is directed against order dated 11.4.1984 passed by the Commissioner, Workmen's Compensation Act, Sonepat. The facts are that the appellant filed a case under the Workmen's Compensation Act, 1923 against Haryana State Minor Irrigation Tubewell Corporation, with the contention that her son Vijay Kumar was posted as T-Mate and was working in Karnal Sub Division. On 3.4.1979, while on duty, he died of drowning in the canal near Indri. The claim was not given by the employer and, therefore, the petition. While dealing with the issue, it has been noticed by the Commissioner that six witnesses appeared on behalf of the claimant, however, they deposed that none of them was working with Vijay Kumar on 3.4.1979. On the basis of this evidence, it has been concluded that there was no evidence to establish that Vijay Kumar died on account of an accident on 3.4.1979. From the side of the employer, two witnesses; namely, Prem Chand and Japsi Ram, had appeared. The case set up by the department was that the workman had disappeared and there was no evidence of drowning. No material was placed before the Commissioner to show that, in fact, Vijay Kumar had died on account of drowning. There is neither any medico-legal evidence nor any ocular version to establish this fact. It is in this view of the matter that the claim was declined. In view of the nature of evidence that has come on the record, no ground for interference is made out. The appeal is dismissed. January 31, 2008 ( AJAI LAMBA ) Kang JUDGE