SMT. ASSIYABEE Vs. DILIP AND ANOTHER

JUDGEMENT

(1.) Appellants being the legal representatives of the deceased Mohammad Issar preferred this appeal under section 30 of the Workmen Compensation Act, 1923 (herein after referred as the Act, for brevity), feeling aggrieved by the award dated 18.9.2005 passed by the Commissioner for Workmen Compensation, Indore in Claim Case No. 47/2004 WCF whereby the learned Commissioner has awarded compensation amount of Rs. 2,88,210.00 only for the death of deceased Mohammad Issar during the course of his employment.

(2.) Brief facts of the case are that appellant No. 1 is the wife of the deceased Mohammad Issar, appellant No. 2 and 3 are the minor sons of the deceased and appellant No. 4 and 5 are the parents of the deceased. Deceased Mohammad Issar was working as driver under employment of respondent No. 1 and driving Toyota Qualis vehicle MP-9 KB-9725 registered in the name of respondent No. 1 and insured with the Oriental Insurance Company Limited, respondent No. 2. On 21.4.2004, while deceased Mohammad Issar was coming on this Toyota Qualis vehicle from Bhopal to Indore, when he reached near Kakada crossing, at that time, some unknown persons came there and looted the vehicle and also beaten badly to deceased Mohammad Issar and caused various grievous injuries by sharp edged weapon, with the result, he died during the course of his employment, on the spot. The appellants being the legal representatives and the dependants of the deceased filed claim petition under section 10 of the Act, claiming compensation amount of Rs. 8,00,000.00 from the respondents before the Commissioner for Workmen Compensation, Indore. Learned Commissioner, after due appreciation of the entire evidence on record, awarded compensation amount of Rs. 2,88,210.00 only in favour of the appellants. Feeling aggrieved by the quantum of compensation amount, the appellants have preferred this appeal under section 30 of the Act.

(3.) Learned Counsel for the respondents, while supporting the impugned j award, submits that the learned Commissioner, after due appreciation of the entire evidence, awarded just and sufficient compensation amount in favour of the appellants and no substantial or material grounds are available for the enhancement of the compensation amount, therefore, prayed for the dismissal of ! the appeal.