UNITED INDIA INSURANCE COMPANY LIMITED Vs. RATAN KAUR

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act, 1923 has been filed by the Insurer- United In dia Insurance Company Ltd. against the award dated 24-11-2003 passed by the Commissioner for Workmen's Compen sation, Dehradun in W. C. A. No. 6 of 2001, Smt. Ratan Kaur and others Vs. Smt. Jagjeet Saini and others, whereby the learned Commissioner has awarded a sum of Rs. 2,23,576/- as compensa tion in favour of the claimants against the appellant-United India Insurance Company Ltd.

(2.) BRIEF facts of the case are that Respondent No.-l Smt. Ratan Kaur filed a Claim Petition before the Commis sioner for Workmen Compensation claiming compensation of Rs. 1,78,490/ - for the death of her son Harcharan Singh due to stress and strain while driv ing the Truck No. U. P. 07-B-5996 on 05-11- 2000 during the course of his em ployment as Driver with respondent No. 4 Smt. Jagjeet Saini, owner of the truck. It was further alleged that the deceased was 42 years of age at the time of the incident and was getting a sum of Rs. 2,000/- p. m. as salary from the em ployer.

(3.) ASSESSING the income of the de ceased at Rs. 2,639/- per month and tak ing into account that the deceased was aged about 45 years on the date of the incident, the Commissioner awarded Compensation of Rs. 2,23,576/ -. The Commissioner further directed the in surer to pay the compensation within a period of one month from the date of award failing which the insurer had to pay the normal interest from the date of claim petition till actual payment.