JUDGMENT 1. - This appeal has been filed by the claimants against the order dated 19.9.1996 passed by the Workmen Compensation Commissioner, Bhilwara rejecting their claim case No.5/1989 - Smt. Shobhagyawati W/o late Sh. Ratan Singh Makvana and ors. v. The Managing Director, Jaipur Mineral Development Syndicate Pvt. Ltd. and ors . on account of death of Ratan Singh Makwana, aged 43 years, between the night of 5.2.1987 to 6.2.1987. 2. The claim petition was filed against the present respondent - Jaipur Mineral Development Syndicate Pvt. Ltd. The learned Tribunal found in the impugned order that said death took place on account of fall of deceased Ratan Singh Makwana from 3rd floor of Ajanta Hotel, Bhilwara in midnight between 5.2.1987 and 6.2.1987 and the said deceased was in inebriated condition and was found dead without cloths in the said fall from 3rd floor and it appears to be a case of suicide committed by him The Workman Compensation Commissioner, therefore, found that the said death was not in the course of employment of the said workman with the respondent and therefore, his heirs would not be entitled to any compensation under the provisions of Workmen Compensation Act, 1923. It also came before the learned Tribunal in evidence that there was no mine of respondent Jaipur Mineral Development Syndicate Pvt. Ltd. at Bhilwara and he was appointed in said Company which had only one mine at the place known as Dagota Jharna mine. There were two Companies known as Jaipur Mineral Development Syndicate Pvt. Ltd. and Udaipur Mineral Development Syndicate Company Pvt. Ltd. and he was working as Electric Supervisor with Jaipur Mineral Development Syndicate Pvt. Ltd. 3. After recording the evidence, the learned Commissioner found that the said accidental death was not arising out of and in the course of employment of the deceased Ratan Singh Maksana and consequently, the claim petition deserves to be rejected. 4. No body had appeared on behalf of the respondent - Employer and Mr. D.K. Parihar and Mr. J. Gehlot made submissions on behalf of the claimants. They submitted that the postmortem report does not prove the fact that the deceased being found in drunk condition, therefore, the story of accidental death set up by the respondent - employer is not proved. 5. D.K. Parihar and Mr. J. Gehlot made submissions on behalf of the claimants. They submitted that the postmortem report does not prove the fact that the deceased being found in drunk condition, therefore, the story of accidental death set up by the respondent - employer is not proved. 5. Having heard the learned counsel for the claimants and after going through the record and evidence relied upon by the learned Workmen Compensation Commissioner including the statements of various persons, this Court is of the opinion that the learned Commissioner was justified in rejecting the claim petition since the death of workman Ratan Singh Makwana could not be said to be arising out of and in the course of employment as he was staying in a hotel at Bhilwara, where there was no mine of respondent - employer and there was no evidence on the record that he had visited Bhilwara in connection any official work and on the contrary, the evidence on the record shows that during his private visit on account of fall from 3rd floor of hotel, unfortunately, he died. 6. Be that as it may, the findings of facts of the learned Workmen Compensation Commissioner based on cogent evidence cannot be upset by this Court in the present appeal as there is no contrary evidence and causal link between the employment and accidental death has not been proved. 7. Therefore, the learned Workmen Compensation Commissioner was justified in rejecting the claim petition and this Court is of the opinion that the said findings are not perverse or wrong in any manner. This Court, therefore, finds no force in the present appeal of the claimants and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the opposite party and Workmen Compensation Commissioner, Bhilwara forthwith.Appeal dismissed. *******