MADHYA PRADESH STATE ROAD Vs. DAULAL

JUDGEMENT

(1.) THE appellant has tiled this appeal under Section 30 of the Workmen's Compensation Act against the decision given by the Commissioner for Workmen's Compensation, Indore, in Case No. 13 of 1981 on 11-7-1983 whereby he has awarded a compensation of Rs. 16,800/- plus interest at the rate of 6 per cent from 12-7-1980 and 25 per cent penalty over the amount of Rs. 16,8000/-.

(2.) THE facts giving rise to this appeal may be stated, in brief, thus: The respondents-claimants are the legal representatives of the deceased workman Omprakash, who was employed by the appellant as a helper and was being paid Rs, 400/- per month as his wages ; that on 12-6-1980 the deceased Omprakash received personal injury by accident arising out of and in the course of his employment, resulting in his death on the same day. According to the claimants at the relevant time of the accident the deceased was on duty as a helper in the Depot of the appellant and while he was working below the motor vehicle the same was suddenly started and was driven in the reverse direction as a result of which the deceased came under the wheel and thus on account of the said accident he died. The respondents as the legal representatives of the deceased, his father, wife and children, therefore, gave notice to the appellant on 5-11-1980, but as no amount was paid they filed the present claim petition on 5-3-1981.

(3.) THE claimants in support of their contention examined respondent No. 1 Daulal, the father of the deceased as also Babulal, who was working as a Senior Depot Manager at the relevant time of the accident with the appellant. The appellant did not lead any evidence. The learned Commissioner after considering the evidence and material on record came to the conclusion that the deceased was an employee of the appellant; that his monthly wages were Rs. 200/- and thus the claim was maintainable under the Workmen's Compensation Act; that the deceased died as a result of the accident which arose out of and in the course of bus employment. He, therefore, awarded compensation as stated above. Hence this appeal.