DEEPAK TANK Vs. RAJKUMAR YADAV AND ANOTHER

JUDGEMENT

(1.) As these appeals preferred by the employer arise out of the same accident, they are being disposed of by this common order.

(2.) Undisputed facts of the case are that on 31-12-2011 when vehicle Swaraj Majda bearing registration No.C.G. 8-ZB-0315 owned by the appellant was being driven by one Pawan Kumar Yadav rashly and negligently, it dashed against the divider resulting in death of one Ashok Yadav and injuries to Rajkumar Yadav and Melu alias Milu Yadav. At the time of accident, the deceased and injured being employees of the appellant were travelling in the vehicle in question. Two claim cases;were filed by injured Rajkumar Yadav and Melu Yadav whereas a separate claim case was filed by legal representatives of deceased Ashok Yadav before the Commissioner for Workmens Compensation, Rajnandgaon (hereinafter referred to as "Commissioner") for compensation.

(3.) In Claim case No. 14AVC Act/2011/Non-Fatal filed by injured Rajkumar, the Commissioner has awarded compensation of Rs. 1,99,262/- along with interest @ 12% thereon from the date of accident till realisation and also imposed 50% penalty of the awarded sum i.e. Rs. 99,631/-.