SITARAM S O NARAYAN VYAWAHARE AND CHIEF EXECUTIVE OFFICER ZILLA PARISHAD NANDED Vs. CHIEF EXECUTIVE OFFICER ZILLA PARISHAD NANDED AND SITARAM S O NARAYAN VYAWAHARE

JUDGEMENT

(1.) These two cross-appeals, First Appeal No. 14-A of 1982 by Sitaram the father of the deceased Rama who died in the accident dated March 1, 1977, and by the Chief Executive Officer, Zilla Parishad, Nanded arise out of the order passed by the Civil Judge (Senior Division) and Ex-Officio Commissioner for Workmens Compensation, awarding Rs. 13,500/- as compensation to Sitaram, upon the death of his son Rama.

(2.) Rama Sitaram Vyawahare was in the employment of Zilla Parishad, Nanded on a monthly salary of Rs. 300/-. On March 1, 1977, while he was travelling in truck No. MHB 4420 belonging to the Zilla Parishad, which was engaged for transporting sand from Ardhapur to Limbgaon for the construction of a road by the Zilla Parishad, the truck while negotiating a turn met with an accident in which Rama and another labourer were severely injured. They were rushed to the Government hospital at Nanded, but they both succumbed to the injuries on admission. Sitaram could not bear the shock and sent a notice only on 15-12-1979. When he was in a position to initiate action through his Advocate claiming compensation. As there was no response, he filed an application claiming Rs. 19,200/- as compensation together with Rs. 9,600/- as penalty and interest at 6 per cent per annum from the date of accident. The claim was resisted by the Zilla Parishad by contending that Rama was only a causal labourer and not a workman and that he was not travelling on duty when the accident occurred and he was not entitled to compensation. It was contended that Rama was a labourer on daily wages of Rs. 4.65.

(3.) The learned Commissioner for Workmans Compensation held that Rama was a workman within the meaning of Workmens Compensation Act, that he had sustained physical injury in the truck accident arising out of and in the course of his employment with the Zilla Parishad and that he succumbed to the injuries sustained in the accident. He also found that Sitaram was dependant on Rama and that he was entitled to Rs. 13,500/- as compensation. The learned Commissioner held that the default in payment of the compensation occurred because the Zilla Parishad entertained doubt as to whether or not Rama was a workman within the meaning of the Workmens Compensation Act and that no penalty need, therefore, be awarded. Interest was granted at 6 percent per annum from the date of the application i.e. 31-12-1979 and not from the date of the accident.