K M BALAN Vs. T A JACOB

JUDGEMENT

(1.) Heard the learned Advocate for the Appellants and the learned Advocate for the first Respondent. None appears for the second Respondent. The Appellants are the original claimants in a claim filed under the provisions of Workmen s Compensation Act, 1923 (hereinafter referred to as the said Act).

(2.) According to the case of the Appellants they are the parents of the deceased workman who was employed with the first Respondent. The deceased met with a fatal accident on 1st September 1988. According to the case of the Appellants the deceased received injuries arising out of and in the course of his employment resulting into his death. The deceased was working as a Cleaner and as a Assistant to the driver of the Tempo owned by the first Respondent. According to the case of the Appellants, the age of the deceased was around 19 years and was drawing a monthly salary of Rs.750/-. The claim for compensation was filed by the Appellants before the learned Commissioner. By a Judgment and Order dated 12th July 1989 the learned Commissioner directed the Respondents herein to jointly and severally pay compensation of Rs.67,200/- to the Appellants. The Respondents were directed to pay costs to the Appellants. An application was moved by the second Respondent for setting aside the said Judgment and Order. By order dated 24th April 1990, the learned Commissioner passed an order setting aside the Judgment and Order dated 12th July 1989. A sum of Rs.67,200/- was already deposited by the second respondent. By the said order dated 24th July 1990, the learned Commissioner allowed the Appellants to withdraw half of the amount of Rs.67,200/- subject to furnishing an undertaking as indicated in the said order. Remaining half of the amount was permitted to be withdrawn on furnishing bank guarantee.

(3.) Thereafter, the claim application made by the Appellants was decided afresh and by impugned Judgment and Order dated 27th November 1990 the learned Commissioner partly allowed the claim application made by the Appellants and fixed the compensation at Rs.48,600/-. The learned Commissioner noted that a sum of Rs.33,600/- was already withdrawn by the Appellants. Therefore, by the impugned Judgment and Order he permitted the Appellants to withdraw a further amount of Rs.15,000/- out of the balance amount of Rs.33,600/- and permitted the second Respondent to take back the balance amount of Rs.18,600/-.