SOM LATA Vs. PRADHAN PRABANDHAK, ROZA SUGAR WORKS

JUDGEMENT

(1.) THIS appeal, under Section 30 of Workmen's Compensation Act, 1923, has been preferred against the judgment and order dated 5.2.2004 passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Dehradun, in W.C.A. Case No. 29 of 2001, Smt. Som Lata and Ors. v. Pradhan Prabandhak Roza Sugar Works.

(2.) THE claimant -Smt. Som Lata, who is the wife of deceased -Ashok Kumar, filed W.C.A. Case No. 29 of 2001 claiming a compensation of Rs. 1,92,140/ - in respect of the death of her husband on the ground that her husband (deceased) was employed as 'Taul Lipik' under the respondent in 'Roza Sugar Works' for the crushing session 1991 -92 and while discharging his duty at main gate he died at 2.00 p.m. on 11.1.1999 in the course of his employment. It has been alleged that inspite of the fact that deceased was declared dead by the doctor of the employer post -mortem of deceased was not got conducted by the Manager of the factory. According to the claimant, the age of her husband -Ashok Kumar (deceased) was 37 years at the time of accident and he was getting a monthly salary of Rs. 2000/ -.

(3.) THE learned Workmen's Compensation Commissioner on the basis of pleadings adduced by the parties framed following issue: