MOHAMMAD HUSSAIN Vs. RADHA

JUDGEMENT

(1.) Heard both sides. The present two Appeals have arisen out of the directions issued by the Ex-Officio Commissioner for Workmen's Compensation, Parbhani, directing the present appellants to pay compensation, penalty and interest to the claimants i.e. widow, parents and children of the deceased. The learned Commissioner directed that while the present both the appellants-employer as well as insurer shall jointly and severally pay the compensation of Rs. 5,52,510/- to the claimants, so far as the interest at the rate of 12% p.a. is concerned, Mohammad Hussain Shaikh Hayat-employer (present appellant in F.A. 1782/2012) was directed to pay interest from the date of accident till its full and final realization alongwith penalty of Rs. 2,76,255/-. Aggrieved by the direction to pay interest and penalty, present First Appeal No. 1782 of 2012 is preferred by the appellant-employer while aggrieved by the entire order, directing to pay compensation, First Appeal No. 1327/2013 is preferred by the insurer-New India Assurance Company Ltd.

(2.) As regards the appeal filed by the insurer (F.A. No. 1327 of 2013), the material things which are required to be considered, are that the deceased was working as a driver over the truck of Mohammad Hussain Shaikh Hayat-the employer. On the date of accident, i.e. 8.4.2010, deceased took the truck to a garage for repairing purpose as per directions of the present appellant. While one Mechanic was carrying electric welding work to a diesel tank of another vehicle which was adjacent to the truck of the present appellant, an explosion occurred. In the said accident deceased Deelip, the driver sustained serious injuries. While the deceased was taking treatment in the hospital, he died on 17.4.2010. It was alleged in the claim petition that the deceased was earning Rs. 6000/- per month as a driver + Rs. 100/- per day as bhatta. It was further submitted that an amount of Rs. 60,000/- was paid for medical treatment of the deceased and therefore an amount of Rs. 5,52,510/-, considering the age of the deceased, was claimed by the respondents/claimants.

(3.) The accidental death case was already registered by the Police and crime for the offences punishable under Section 304A and 427 of the I.P. Code was registered against the mechanic of the garage.