STATE OF GUJARAT Vs. FATTU FAKRU BHURIYA

JUDGEMENT

(1.) The captioned two Appeals arise from the award dated 15/4/1999 passed by the learned Commissioner of Workmen's Compensation under the provisions of Workmen's Compensation Act, 1923 [hereinafter referred to as 'the Act'] whereby the learned Commissioner has partly allowed the workman Compensation (Fatal) Case No.12 of 1992 by awarding compensation to the tune of Rs.63,537.00 in favour of the claimants with simple interest at 12% from the date of accident. The learned Commissioner has also awarded penalty at the rate of 20% which is quantified at Rs.12,707.40. 1.1 The appellants (in First Appeal No.6010 of 1999- the State Government and in First Appeal No.4512 of 1999 - the insurance company) are aggrieved by the said award whereby the two appellants have been directed to discharge the award jointly and severally. Aggrieved by the said directions and the impugned award, the appellants are before this Court.

(2.) One Shri Fakru Mangla Bhuria, who was, at the relevant time, in employment with the Road & Building Department of appellant-State Government died on account of the accident which occurred on 24/3/1991. The said accident and the death of the above referred Mr. Fakru Mangle Bhuria [hereinafter referred to as 'the deceased'] gave rise to the Workmen Compensation (Fatal) Case No.12 of 1992 in which the impugned award has been passed.

(3.) Mrs. V.S.Pathak / Ms.Jhaveri, learned AGP have appeared for the appellant State Government and Mr. Vibhuti Nanavati, learned advocate, has appeared for the appellant insurance company. Mr. Bharat Jani, learned advocate, has appeared for the opponents/claimants. Heard the learned counsel appearing for the respective parties.