SIDDHARTH SAMBHAJI SURVASE Vs. AIR INDIA CHARTERS LTD

JUDGEMENT

(1.) This appeal is taken up for final hearing by consent. The appeal is preferred under Section 30(1) (c) of the Employee's Compensation Act, 1923(hereinafter referred to as 'Act'.) Heard submissions at the bar at length with reference to the compilation filed on behalf of the appellant of the recorded evidence and copies of annexures and Judgment by Learned Commissioner.

(2.) Facts are that on 22052010, an Air crash accident occurred at Mangalore in which 158 persons were killed which, inter alia, included passengers and crew members of ill fated Air plane. Miss Sujata Siddharth Survase (Daughter of Appellants Siddharth and Mrs Pushpa) was one of them. The grievance of the appellants is limited against the order dated 15042013 passed by the Commissioner for Employees Compensation, whereby direction was given for deduction of the amount of Rs Ten Lakhs earlier paid as interim compensation from the amount of Rs.25,87,655/ deposited by the Employer Air India Charter Ltd under the Employees Compensation Act. The amount was payable to the dependents of the young teenaged employee Ms Sujata Siddhartha Survase who fell victim in the Mangalore Air Crash.

(3.) The Employer informed appellants that by letter dated 13072012 the employer had deposited the amount of Rs 25,63,506/(24,208/Monthly salary x 50% x 211.79) on 06072012 vide Cheque no. 006256 dated 10072012 as compensation provided under the Act, required to be deposited under Section 8(1) of the Employees Compensation Act, before Learned Commissioner empowered to distribute the compensation amount. Employer had earlier paid interim compensation in the sum of Rs Ten Lakhs vide Cheque no. 005190 dated 14062012 to the dependent claimants on account of Siddharth Survase (Father of deceased employee) and informed by letter dated 15th June 2010 thus: