RADHABEHN Vs. MULJI KANJI DHORD

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmens Compensation Act 1923 (for short the W. C. Act) at the instance of the dependents who were the original claimants in Workmens Compensation Application No. 36 of 1988 before the Ex-Officio Commissioner for Workmens Compensation at Himatnagar (for short the Commissioner and is directed against a part of the judgment and award rendered by the Commissioner in the aforesaid Workmens Compensation Application No. 36 of 1988 on 21/03/1990 The facts of the Case may briefly be stated as follows:

(2.) Narsibhai Savjibhai Patel the deceased was employed by Respondent No. 1 as a tractor driver .and on 12/03/1988 while Narsibhai was driving the tractor near Bodeli in Baroda District during the course of his employment with Respondent No. 1 the tractor over-turned with the result that Narsibhai sustained severe injuries. In other words the tractors met with an accident which arose out of and in the course of Narsibhais employment with Respondent No. 1. During treatment Narsibhai succumbed to his injuries on 16/03/1988 The appellant who admittedly are the dependents of deceased Narsibhai therefore filed the claim petition for compensation under the WC Act before the Workmens Compensation Commissioner at Baroda. That claim petition was registered at Baroda at Workmens Compensation case came to be transferred to the Commissioner at Himatnagar.

(3.) In the claim application the applicants averred that the accident leading to the death of Narsibhai arose out of and in the course of Narsibhais employment with Respondent No. 1. The applicants stated in the claim application that deceased Narsibhai was getting by way of this wages Rs. 1 500 per month and that at the time of the accident he was about 28 years of age. In the claim application the applicants further stated that on 26/04/1988 they have served the notice of the claim both to Respondent No. 1 the employer as also to Respondent No. 2 the New India Assurance Co. Ltd. Bhuj-Kutch with whom at the time of the accident the tractor in question was insured and the insurance was in force. In the claim application itself the applicants stated that the tractor in question was insured with Respondent No. 2 and as in the Motor Vehicles Act 1939 (for short the WC Act ) provisions have been made Respondent No. 2 is liable to pay to them the award amount. With these statements in the main the applicant claimed an award In the sum of Rs. 1 30 0 and they also claimed a further sum at the rate of 50 % by way of penalty and interest to be recoverable from the respondents.