JAMILA BEGUM Vs. DIVISIONAL RAILWAY MANAGER CENTRAL RAILWAY

JUDGEMENT

(1.) These appeals have been preferred under section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 8.10.2001 passed by the Commissioner for Workmen's Compensation, Labour Court No. 1, Jabalpur (in short 'the Commissioner') in Case No. 27/98/Fatal. The M.A. No. 1804 of 2001 is initiated at the instance of the claimants for granting interest and penalty on the amount of compensation as ordered while M.A. No. 1805 of 2001 has been preferred for setting aside the award at the instance of the employer Divisional Railway Manager, Central Railway, Jabalpur (MP).

(2.) The appellants of M.A. No. 1804 of 2001 have been impleaded as respondents in M.A. No. 1805 of 2001 and respondents of aforesaid former appeal are appellants in the latter appeal and they are called in this order as claimants and employer.

(3.) The husband of claimant No. 1 and father of other claimants, namely, late Lal Khan, was employed as gang-man under the employment of the said respondent employer and on the date of incident dated 18.4.1997, he was posted at Damoh and during the course of duty he was discharging his official functions at Makroniya Railway Station. At about 7.30 in the evening due to some altercation with the official of the department he got cardiac pain and consequently he died. Such death took place during the course of the employment while discharging the official duty. All claimants being legal representatives and dependants of the deceased were entitled for compensation under Workmen's Compensation Act. Deceased employee was aged 38 years on the date of incident and was getting salary Rs. 2,000 per month. Thus, claim was preferred under section 3 of the Act for Rs. 1,89,560.