UNITED INDIA INSURANCE COMPANY LIMITED Vs. AMIDABI

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment passed by the Commissioner, Workmen's Compensation on 13.09.1990 granting compensation to the tune of Rs.53,760/- with interest @ 6% per annum from the date of the petition till the realization of the amount.

(2.) The respondent nos. 1 to 4 are the original claimants. They had filed an application before the Commissioner. Workmens Compensation under Section 22 of the Workmen's Compensation Act. It was the case of the claimants that while Azizshah was working as a cleaner/conductor on the vehicle of the respondent no.5, the truck in which he was travelling turned turtle and Azizshah died in the accident. It was the case of the claimants that Azizshah was getting an amount of Rs.400/- towards his wages and Rs.10/- per day as running Bhatta. The respondents therefore, sought compensation to the tune of Rs.62,770/- besides the amount of Rs.25,000/- towards No Fault Liability with interest @ 18% per annum till the date of its realization.

(3.) The respondent no.5, the owner of the truck admitted that Azizshah was working as a cleaner on the truck of the respondent no.5 and was earning wages of Rs.400/- per month. Though it was admitted that Azizshah was earning Rs.10/- per day towards bhatta, according to the respondent no.5, the truck was not plied on all 30 days of the month and since it was plied on about 20 days, Azizshah was getting a bhatta of approximately of Rs.200/- per month.