MPSRTC Vs. VESTIBAI

JUDGEMENT

(1.) THE unsuccessful appellants has filed this Miscellaneous Appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated May 28, 1993 passed by the Commissioner for Workmen's Compensation (Labour Court), Indore in Case No. 24/88 thereby directing the appellant to deposit the amount of compensation of Rs. 62, 107 together with interest @ 12% per annum from April 19, 1988 as also a sum Rs. 53, 586 as penalty @ 25% within a period of 60 days from the date of the order.

(2.) FACTUAL matrix lies in a narrow compass. Pratap was the employee of the appellant on the bus as a driver. On April 17, 1988 he was on duty on the bus bearing registration No. CPO-9034. While taking the bus from Barwani to Indore, an accident occurred in the night at 1. 00 a. m. The employee Pratap suffered injuries in this accident and later succumbed to death. Vestibai, widow of the deceased and Kumari Padma, the daughter of the deceased Pratap, filed an application before the Labour Court for compensation. The Labour Court awarded compensation with interest and penalty as noted above in favour of the Respondents. Aggrieved, the appellant has filed this appeal.

(3.) WE have heard Shri Kemkar, learned counsel for the appellant and Kumari Indira Vyas, learned counsel for the respondents.