TULSIRAM THAKUR Vs. DURGESH KUMAR SAHU

JUDGEMENT

(1.) Appellants/claimants have filed this appeal under the provisions of Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'E.C. Act') (prior to 18/01/2010 known as Workmen's Compensation Act) challenging the impugned judgment/award dated 12/03/2015 passed by the Commissioner for Employees' Compensation Act, Labour Court, Durg, Chhattisgarh (hereinafter referred to as 'Commissioner') in Case No.32/W.C.Act/2010 Fatal whereby the learned Commissioner allowed the application filed under Section 10 of the E.C. Act in part and awarded total compensation of Rs.2,87,781/-.

(2.) Facts relevant for disposal of this appeal, are that, Bhikham Ram Thakur was working as coolie on the vehicle owned by non-applicant No.2 bearing No.CG-07/C/8529 (hereinafter referred to as 'offending vehicle'). On 02/06/2009, at about 12.00 PM., Bhikham Ram Thakur along with other labourers went to Dhanora Bhatha Murum Mine on offending vehicle, when they were loading Murum on the offending vehicle, Murum fell down over Bhikham Ram Thakur. In the said accident Bhikham Ram Thakur died.

(3.) Appellants who are parents and siblings of deceased Bhikham Ram Thakur filed an application under the E.C. Act before learned Commissioner seeking compensation of Rs.3,32,055/- pleading therein that on the date of accident, deceased was earning Rs.3,000/- per month as wages/salary.