DIVISIONAL CONTROLLER Vs. DAHIBEN BABUBHAI WAGHRI

JUDGEMENT

(1.) Heard learned advocate Mr.Hardik Rawal for the appellant and learned advocate Mr.Yogendra Thakore for the defendants. Considering the facts and circumstances, when there is no substance in the appeal, it needs to be disposed of at such admission stage itself. Hence, admit. Learned advocate Mr.Yogendra Thakore waives notice of admission for the respondents.

(2.) The appellant is Gujarat State Road Transport Corporation ('GSRTC, for short), whereas respondents are legal heirs of driver of the said GSRTC, who met with an accident during the course of his employment as driver on 17.10.2003. Since the employee received injuries during the course of his employment and thereafter, when he died because of his injuries during his treatment, his legal heirs have preferred an application under the Employee's Compensation Act before the Ex-officio Commissioner for the Employees' Compensation and Labour Judge of Mehsana. The Commissioner has by impugned judgment and award dated 30.12.2014 in W.C. (Fatal) Case No.63 of 2008 awarded Rs.3,26,140/- towards compensation with 12% interest, but did not award any amount towards penalty for not making payment within statutory period after the accident by the employer G.S.R.T.C. The main grievance of the appellant G.S.R.T.C. in this appeal is two fold i.e. (1) The Commissioner has failed in considering that victim was in service of the G.S.R.T.C. and died because of accidental injuries and (2) award of interest @ 12% is on higher side.

(3.) So far as first ground is concerned, there is no substance in such ground for the simple reason that it is undisputed fact that victim Babubhai Ramabhai was serving as a driver with the G.S.R.T.C. and it is also undisputed fact that he met with an accident on 16.6.2003 and received serious injuries on his spinal cord. However, an attempt was made by the appellant G.S.R.T.C. To purport that the bus was dragged into the roadside ditch because the spring of the bus broke-down and thereupon, driver could not control the bus and therefore, he was negligent in his duties and that though incident had taken place on 16.6.2003, since victim died only on 17.10.2003, it is contended that there is no evidence to prove that death was because of accidental injury only.