MOHANLAL KHANDELWAL Vs. SHANTABAI SMT

JUDGEMENT

(1.) THE employer is the appellant in the appeal presented under Section 30 (a) of the Workmen's Compensation Act (for short 'the Act' ).

(2.) BRIEFLY stated, the facts of the case are that deceased Prahladdas Mundada was a workman of the appellant. He had held the post of driver on Matador bearing registration No. MBM-2730. While he was driving the aforesaid Matador, the truck caused the accident as a result of which aforesaid workman died on the spot during the course of the employment. His Legal Representatives, Respondents No. 1 to 4 filed the application, registered as 62/w. C. /86. The application was allowed by the Commissioner for Workmen's Compensation (Labour Court), Indore on September 17, 1990 awarding compensation of Rs. 86,764. 00 with penalty of Rs. 25,000. 00 under Section 4-A of the aforesaid Act and interest at the rate of 12% per annum from March 21, 1986 till payment. Aggrieved, the employer has filed this appeal. Respondent No. 5 is The New India Assurance Co. Ltd. , Indore which is also saddled with the liability.

(3.) I have heard Shri S. S. Samvatsar, learned counsel for the appellant, Shri G. K. Neema, learned counsel for Respondents No. 1 to 4, and Shri Harish Gilke, learned counsel for Respondent No. 5.