UNITED INDIA INSURANCE COMPANY LTD Vs. K MAHESWARI

JUDGEMENT

(1.) UNITED India Insurance Company ltd.is the appellant. In respect of the death of one Kannan on 09.10.2003 in the course of his employment, respondents 1 to 4 herein / applicants, prayed for a compensation of a sum of Rs.5 lakhs before the Commissioner for Workmen- s Compensation, Coimbatore. The said authority, on consideration of entire materials, passed an award for Rs.2,76,094/-. Questioning the same, UNITED India Insurance Company has filed the present appeal.

(2.) THE learned counsel appearing for the Insurance Company contended that the Commissioner had erroneously found that the deceased died due to heart-attack in the course of his employment on the basis of the evidence of one Rajkumar, alleged to be the cleaner of the lorry.

(3.) COMING to the quantum, no serious argument was advanced. The evidence of PW.1 shows that the deceased was getting an income of Rs.5,500/- per month inclusive of batta. However, in the absence of documentary evidence for the same, the Commissioner treating the deceased as cooli, by applying G.O.No.102 (2D) dated 22.09.1999, fixed his basic wages at Rs.1,781/- plus D.A. at Rs.1,448.40 and altogether fixed his monthly income at Rs.3,229.40. PW.1 has also stated that at the time of accident her husband was aged about 45 years. The driving licence of the deceased, which has been marked as Ex.P.3 mentions his date of birth as 19.04.1959. Accordingly, the Commissioner has rightly fixed his age as 45 at the time of accident. Taking note of the monthly wages, age and by applying relevant factor from the Workmen- s Compensation Act, the Commissioner, fixed the compensation at Rs.2,73,594/-. After adding Rs.2,500/- towards funeral expenses, the Commissioner has granted a sum of Rs.2,76,094/- as compensation. The materials placed both in the form of oral and documentary evidence show that the amount fixed by the Commissioner is reasonable and acceptable.