TEJ KHAN Vs. PATEL PREVBHA NEEMUCH

JUDGEMENT

(1.) This appeal is directed against the judgment and Award in Claim Case No. 1/WC/92 (fatal) dated 16th August, 1996, thereby the learned Commissioner, Workmen's Compensation and Labour Court, Mandsaur granted an amount of Rs. 20,000/- as compensation, Rs, 10,000/- as penalty to the appellants with penal interest under Section 4-A of the Workmen's Compensation Act.

(2.) The short facts giving rise to this appeal are that the deceased workman-Firoj Khan was working as a driver on the truck No. CIF- 5922 belonging to respondent No. 1. It was stated that the deceased was aged 19 years and was earning Rs. 600/- per month. The appellants are the parents and brethren of the deceased. On 23rd April, 1991, he was lying on the said truck, at about 12 mid-night serpent bit him and he died, therefore, a claim was made under Workmen's Compensation Act.

(3.) The Tribunal had a wrong assumption that it cannot decide the age of the deceased is not a proper approach upon evidence or inference. The Court ought to have come to a conclusion. The mother of the deceased Baby in her evidence (PW/1) very clearly has stated that his age was 19 years at the time of death. The Tribunal passed the aforesaid Award on appreciating the evidence and the relevant law.