UNION OF INDIA Vs. SHAHNAZ BEGUM

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 16.4.1990 passed in Case No. 27/28/WC by the Commissioner Workmen's Compensation Act, Ambikapur, wherein the appellant/employer was directed to pay Rs. 84,716/- towards the compensation and 25% penalty on the said amount.

(2.) THE brief facts leading to the case are that on 28.7.1985 deceased Akhtar Ali, s/o Akbar Ali who was working as first fireman, died in a Railway accident on the spot. The deceased at the time of the death was married to respondent 1 and was having a son named Asif Ali.

(3.) THE present appellants appeared before the Commissioner but did not file its written statement. Therefore, the right to file the written statement was closed. However, the record shows that some written statement was filed on behalf of the present appellants. The claimant examined her ownself in support of her claim while the present appellants examined 2 witnesses on their behalf it was con tended by the present appellant that the date of birth of the deceased was 19.10.1954 and therefore on the date of death he was not 28 years of age but was 32 years. However, in support of this plea the documents or service book was not produced. It was also submitted that salary was Rs. 1070/- but in support of this statement the salary certificate, pay slip or any other document was not filed. After hearing the parties the learned Commissioner held that the age of the deceased was 28 years and he was drawing Rs. 1900/- p.m. The claimants were held entitled to Rs. 84,716/- and the present appellants were liable, to pay the amount and penalty equivalent to 25% of the claim amount. Being aggrieved by the said award, the appellants have preferred this appeal.