BHIMABAI DHONDIRAM DHANVATE Vs. SURYAKANT SANDIPAN MORE

JUDGEMENT

(1.) Which should be the relevant date for determination of the rights and liabilities under the Employees Compensation Act, 1923, is the issue raised in the present appeal.

(2.) The original claimants have preferred the present appeal against the Judgment passed by the Commissioner for Workmen's Compensation at Ahmednagar in W.C.A. No.85 of 1996 decided on 29.04.1998 seeking enhancement in the amount of compensation awarded by the said authority.

(3.) The appellants had preferred the aforesaid application seeking the compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as the Act), on account of death of Dhondiram Nagu Dhanavate claiming the same to have been caused during the course of his employment on 12.04.1995. As was contended in the application, deceased Dhondiram was working with respondent No.1 as a driver and used to earn the salary to the tune of Rs.2,000/- per month. As was further contended in the application, age of deceased Dhondiram on the date of accident was 25 years. The applicants had therefore claimed compensation of Rs.86,764/- from the owner of the offending vehicle-cum-employer of the deceased and insurer of the offending vehicle. The penalty and interest was also claimed. After having assessed the evidence brought on record before it, learned Commissioner for Workmen's Compensation held the appellants entitled for the compensation of Rs.86,764/- from opponent No.2 i.e. The New India Assurance Co. Ltd., with interest thereon @ 10% p.a. from the date of filing of the application till its realization. The Commissioner for Workmen's Compensation also held the appellants - claimants entitled to get penalty of Rs.30,000/- from opponent No.1 i.e. the employer of deceased within fortnight. It is also directed that if the opponent no.1 fails to pay amount of penalty within fortnight, he has to pay interest @ 10% from the date of the order till its realization. Aggrieved by the Judgment and order so passed, the original claimants have preferred the present appeal.