NATIONAL INSURANCE CO LTD Vs. SUMAN DEVI

JUDGEMENT

(1.) THIS appeal under section 30 of Workmen's Compensation Act, 1923, has been preferred against the judgment and award dated 31/5/2005, passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Haldwani, Nainital in Workmen's Claim Case No. 15 of 2005, Suman Devi v. Manager, Polyplux, Lohiya Head Road, thereby awarding a sum of Rs. 3,79,180 to the claimants, against National Insurance Co. Ltd. (appellant before this court), along with interest of 8 per cent per annum from the date of filing the claim petition till the date of judgment.

(2.) THE claimant Suman Devi filed a claim application under the provisions of Workmen's Compensation Act, for grant of compensation on account of death of her husband Munna Lal. According to the claimant, her husband Munna Lal was employed as operator in Polyplux Corporation Ltd., Khatima. On 1.6.2004, when her husband Munna Lal was returning to his house after finishing his duty of first shift, he met with an accident on account of storm on his way near Jhankat Chauraha as a tree fell on him and he succumbed to his injuries on the way while being carried to Khatima Hospital. THE claimant has pleaded that her husband Munna Lal was getting Rs. 4,500 per month as salary, along with bonus and other allowances at the time of his death. THE claimant has also pleaded that her husband Munna Lal died during the course of his employment while he was returning to his house after finishing his duty hours. THErefore, the claimant claimed a sum of Rs. 6,00,000 as compensation along with interest at the rate of 12 per cent per annum and penalty.

(3.) THE Workmen's Compensation Commissioner after having considered the entire evidence adduced by the parties and perusing the material available on the record, came to the conclusion that the workman died while he was going to his house after discharging his official duty, therefore, the workman died on account of the accident during the course of employment. THE Workmen's Compensation Commissioner having considered the age of the deceased as well as his monthly salary awarded compensation for a sum of Rs. 4,09,514 (including the interest from the date of filing the petition till the date of judgment).