LAWS(MPH)-2005-9-92

SUNITA BAI Vs. BABULAL

Decided On September 27, 2005
Sunita Bai Appellant
V/S
Babulal and Anr. Respondents

JUDGEMENT

(1.) THIS appeal is filed by the claimant challenging the award dated 6th January, 1999 passed in Case No. 7/93, praying therein that the Commissioner, Workmen's Compensation has erroneously exonerated the Insurance Company.

(2.) THE appellant -claimant filed an application for compensation before the Commissioner, Workmen's Compensation on the ground that deceased Rameshwar Dayal was Cleaner and he was getting salary @ Rs. 800 per month and allowance @ Rs. 10 per day. On 18th February, 1992 deceased was returning from Berad. Due to rash and negligent driving of tractor by Narayan Singh he fell from the tractor and died on the spot. At the time of accident, the deceased was 21 years of age. Appellant being wife of the deceased is liable to get compensation. She further stated that no compensation was paid by the respondent No. 1.

(3.) THE Commissioner, Workmen's Compensation after appreciating the evidence of the parties held that deceased was employee of respondent No. 1 and during the course of employment he died and as such appellant is entitled for compensation and awarded a sum of Rs. 89,084 along with penalty. Learned Commissioner also awarded interest @ 6% p.a. from the date of accident till its realisation.