UNITED INDIA INSURANCE CO. LTD Vs. HEERABAI

JUDGEMENT

(1.) THIS appeal by the United India Insurance Co. Ltd., (hereinafter referred to as the 'Company') under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'), has been directed against the award dated 31st July, 1980, made by the Commissioner for Workmen's Compensation, Sagar, in W.C. Case No. 7 of 1979, in favour of Respondent No. 1.

(2.) ONE Omprakash Singh, the husband of the Respondent No. 1, was employed as a driver by Respondent No. 2. On 3.7.1978, deceased Omprakash Singh was required to take the bus No. MPD 195 belonging to the Respondent No. 2 to the Railway Station, Sagar. The driver Omprakash Singh was assaulted with a knife by one Munnalal as a result of which he succumbed to injuries. Heerabai Respondent No. 1, the widow of the deceased driver Omprakash Singh, filed an application for compensation under Section 10 of the Act, claiming Rs. 28,000/ - by contending that her deceased husband was earning Rs. 400/ - per month as wages and that he had died of the personal injuries received by him in accident arising out of and in the course of his employment within the meaning of Section 3 of the Act.

(3.) BEFORE the Commissioner the Applicant -Respondent No. 1 Heerabai examined herself only. The employer Respondent No. 2 also examined only one Dayashankar Pandey, AW 1. On the basis of evidence of these two witnesses, learned Commissioner came to the conclusion that the deceased Omprakash Singh was drawing Rs. 285/ - per month as driver of the Respondent No. 2 and that the husband of the claimant -Respondent No. 1 had received personal injuries by accident arising out of and in the course of his employment as a driver. Learned Commissioner, therefore, awarded a sum of Rs. 10,000/ - as compensation according to Schedule IV under Section 4 of the Act, together with interest at 6 per cent by way of penalty under Section 4A of the Act, against which this appeal has been preferred by the company.