FAKIR MOHAMMAD BALVARKHAN GHORI Vs. CHANDANBEN SOMABHAI MALI

JUDGEMENT

(1.) The appellant, who is original opponent no.1 before the learned Workman Commissioner in W.C. Application No.45 of 1998, has challenged the judgment and order passed by the learned Workman Commissioner dated 04.08.2004 whereby the learned Commissioner has directed the insurance company to deposit Rs.2,18,470/- towards compensation along with 6% interest thereon within 30 days and further directed the present appellant to deposit Rs.1,09,235/- towards 50% penalty on the amount of compensation. The present appellant has challenged the impugned judgment and order by preferring this appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act').

(2.) The short facts of the present case are as under: 2.1 As per the averments made in the claim petition, son of the applicant no.1 and brother of the applicant no.3 namely Vijaykumar was serving as a driver with the opponent no.1 in his jeep, bearing registration no.GJ-6-K-5106. That, he was paid Rs.2501/- by way of salary by the opponent no.1. On 06.03.1998, the deceased was serving as driver with the opponent no.1 at about 3.30 a.m. in the morning, near Dabhoi- Vega chowkdi, motor vehicle jeep, bearing registration no.GJ-6-K-5106, met with an accident and therefore, son of the applicant no.1 namely Vijaykumar Somabhai Mali sustained grievous injuries. He was immediately shifted for treatment in the SSG Hospital, Vadodaora by the opponent no.1. On 09.03.1998, during the treatment he was expired. That, during the course of the employment with opponent no.1, on 06.03.1998 the accident was occurred and the deceased was expired. That, the motor vehicle jeep, bearing registration no.GJ-6-K-5106, was insured with the opponent no.2 and therefore, as per the request made by applicants, all the opponents were jointly or severally liable to pay the compensation of Rs.2,18,470/-. They have further stated in their claim petition that accident was informed to the opponents however, no amount of compensation was paid to the applicants. That, legal notice was issued by the applicants through their advocate on 29.04.1998 which was duly served to the opponents however, no compensation amount was received by the appellants. That, opponents were liable to pay additional amount of penalty at 50% on the amount of compensation, hence, requested to allow the claim petition and award compensation along with interest @ 18%.

(3.) Heard learned advocate Mr. Robin Prasad for Mr. Subramaniam Iyer for the appellant.