SHER BANO Vs. FURKAN AHMAD

JUDGEMENT

(1.) This Appeal from Order has been filed by the claimant for enhancement of the amount awarded by the Workmen Compensation Commissioner/Deputy Labour Commissioner, Kumaon Region, Haldwani, Nainital vide order dated 31.12.2010 passed in W.C.A. No. 35 of 2008 under the provisions of Workmen's Compensation Act, 1923.

(2.) This Appeal is heard on the following substantial questions of law:

(3.) Appellant is the mother of Mr. Monis, who was serving as Cleaner in a Truck owned by Mr. Furkan Ahmed. The said Truck was insured with Chola Mandalam M.S. General Insurance Company Ltd. Claimant's son Mr. Monis met with an accident arising out of and during the course of employment and, on 16.05.2008, he succumbed to the injuries sustained in the accident. His widowed mother moved an application under the provisions of Workmen's Compensation Act claiming ' 4,48,000/- as compensation. In her application, she pleaded that her son was 20 years old at the time of his death who was getting ' 4,000/- per month as wages in addition to ' 50/- per day as diet allowance, however, the respondents have not paid any compensation to her after death of her son. Owner of the Truck, in his Written Statement, stated that his Truck was insured with Chola Mandalam M.S. General Insurance Company Ltd. and he was having valid documents for plying the Truck and further that Mr. Monis was his employee. After considering the material on record, learned Workmen Compensation Commissioner assessed monthly income of the deceased as ' 2,869/- and determined the amount of compensation payable to the claimant as ' 3,17,556/- with a direction to the Insurance Company to deposit the compensation in the Court within a month, failing which, the said amount will carry interest @ 12% per annum from the date of judgment.