HUSNA KHATOON Vs. URMILA TRANSPORT COMPANY

JUDGEMENT

(1.) The instant miscellaneous appeal has been preferred under Section 30 of the Workman Compensation Act, by unfortunate widow and children of deceased Kalim Khan @ Kader Khan, against the award dated March 9, 2007, passed by the Commissioner for Workmen Compensation, Labour Court, Korba, in case No. 7/wca/2006, whereby, the Commissioner has dismissed the claim of the claimants. The claimants preferred an application under Section 10 of Workmen Compensation Act, 1923 (for short 'the Act, 1923') claiming compensation of Rs. 3,00,000 (Three Lakhs only) with interest @ 12 percent per annum on account of sad demise of Kalim Khan, husband of claimant No. 1 and father of claimant Nos. 2 to 8.

(2.) According to the claimants, the deceased Kalim Khan was employed by the respondent as Driver of Truck bearing registration No. CG 12-ZC-2007. On October 28, 2005, while returning from Raipur to Korba, Kalim Khan, having felt tiredness, parked the vehicle on road side and was sleeping on the back seat of Truck; during sleep suffered heart attack and died. Said accident arose out of and during the course of employment.

(3.) The respondent remained ex parte before the Commissioner for Workmen Compensation, and did not contest the claim.