TAJ KHAN S/O HANUSA Vs. PATEL PREVBHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in Claim Case No. 1/wc/92 (fatal) dated August 16, 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 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 April 23, 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.