NARAYAN SAHADU PATIL Vs. KALASHRI VIJAY DHAMKE

JUDGEMENT

(1.) The First Appeal and Cross Objection arise out of judgment rendered by the Commissioner for Workmen's Compensation (Labour Court), Jalgaon, in proceeding under Section 4A of the Workmen's Compensation Act, 1923.

(2.) The appellants are original claimants, who had filed an application for compensation of Rs.1,00,000/ (Rupees One Lac) along with interest and penalty on account of accidental death of Kailas Patil. They asserted that they are dependants of deceased Kailas. Appellant Nos. 1 & 2 are his parents. Appellant Nos. 3 & 4 are his brother and sister, whereas appellant Nos. 5 & 6 are his wife and minor daughter. Respondent - Smt. Kalashri is owner of Ambassador Car bearing Registration No. MH-C-7901.

(3.) The appellants' case, briefly stated, is that deceased Kailas was employed as driver on the Ambassador car vehicle of the respondent. His salary was of Rs. 700/- besides bhatta of Rs.300/-per month. In the night between 12th and 13th April, 1998, he was driving the Ambassador Car on Parola-Nasik Road. The Ambassador Car was given severe dash by a truck vehicle which speedily came from opposite direction, at a place near village Daregaon. The front portion of the car vehicle was pressed, substantially damaged and said Kailas sustained multiple injuries which caused his death. The death occurred in harness. They lost dependency due to death of the only bread winner of the family. Consequently, they filed application for compensation.