DIVISIONAL FOREST OFFICER Vs. BAIJANTI BAI

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923, for short, the 'act', against the award dated December 19, 1991, passed in Case No. 5/91 MCA (Fatal), by the Commissioner for Workmen's Compensation, Gwalior for short, the 'commissioner'.

(2.) IT is not in dispute that the respondents/claimants are the dependents of the deceased, Veersen, aged 30 years, was employed as a Driver on daily wages of Rs. 31,10 plus Rs. 6. 20, dearness allowance, in the Office of the Divisional Forest Officer, Gwalior, appellant No. 1. It is also not disputed that the deceased, as directed, went to Tilwat Ghati with the tractor (No. CPZ 5714) on January 31, 1991 to pull out the truck of the Forest Department which was jammed in mud. While pulling out the truck with the tractor, the tractor overturned, as a result of which the driver was crushed who succumbed to his injuries. The accident arose out of and during the course of employment, but in spite of this, the employer/appellant failed to pay the amount of compensation under Section 4-A (1) calculated in accordance with Section 4 of the Act. The dependents approached the appellants to pay the compensation; having failed to get the compensation, the dependents filed an application under Section 10 of the Act and claimed compensation of Rs. 93,001. 85 by applying the factor of 207. 98 as provided in Schedule IV under Section 4 of the Act and also penalty of 50% and interest at the rate of 12% per annum on the amount of compensation from the date of accident.

(3.) THE appellants filed their written statement. Though accident and death was admitted in the written statement, but in para 4, it was stated that the dependents are entitled to get only due compensation. No reason was pleaded that why the amount of compensation which fell due on the date of accident could not be deposited. A special plea was taken that the accident arose because of rash and negligent driving of the tractor driver, therefore, the dependents are not entitled to any compensation. No plea of giving of notice of claim under Section 10 of the Act was raised. In evidence before the Commissioner, the widow of the deceased examined herself while the appellants did not lead any evidence. The Commissioner, on the statement of the widow of the deceased and on admissions con-tuned in the written statement, awarded the compensation of Rs. 93,091,85 and 50% penalty of the said amount and interest at the rate of 12% per annum from the date of filing of the application till payment. It is this award which has been challenged.