JABEEN BEGUM Vs. MOHD SHAFI

JUDGEMENT

(1.) Present appeal has been filed by the original claimants for enhancement in the compensation that has been granted by the learned Commissioner for Employees' Compensation and Judge, Labour Court, Nanded, in ECFA No. 23 of 2013, dated 11-08-2014.

(2.) The claimants are the legal heirs of one Rauf Khan s/o. Jalil Khan, who was serving as driver with respondent no.01. Respondent no.01 is the owner of tempo bearing No. MH-17/AG-2564. Respondent no.01 used to give salary of Rs. 9,000/- per month and Bhatta of Rs. 100/- per day to deceased Rauf. The deceased was driving the said tempo from Purna to Nanded on 12-05-2013. However, due to technical fault, the said tempo dashed to a tree, as a result of which, Rauf had sustained severe injuries. He was shifted to Lotus Hospital, Nanded. However, he succumbed to injuries on 19-05- 2013. Offence was registered against him but he was discharging duties for respondent no.01 at that time. Claimants had incurred amount of Rs. 1,32,000/- on the treatment of the deceased. The insurance was with respondent no.02. Since the respondents had not paid compensation, notice was issued under Section 10 of the Employees' Compensation Act on 10-06-2013. In spite of the notice, when compensation was not given, the petition was filed for getting compensation of Rs. 12,37,020/- under Section 4 and 4A of the Employees' Compensation Act [For short, "E.C. Act"].

(3.) Respondent no.01 filed say. He admitted that deceased Rauf was driver on the said tempo. It was denied that he was giving salary of Rs. 9,000/- per month, but stated that he was giving Rs. 8,000/- per month + Bhatta of Rs. 100/- per day. It was also admitted that while discharging the duty, Rauf met with the accident and later on succumbed to the injuries.