SAMADKUNWAR SMT Vs. RADHESHYAM

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) against the judgment and award dated February 25, 1997 passed by the Commissioner for Workmen's Compensation, Labour Court, Ratlam in Case No. 5/w. C. F. /89 for enhancement of compensation and also for grant of interest and penalty.

(2.) UNDISPUTEDLY the facts of the case are that the deceased Laxman Singh was working on drilling unit (Boring Machine) with a truck bearing registration number MQU 9299 as a cleaner owned by Respondent No. 1. The aforesaid vehicle was insured with Respondent No. 2. The deceased was getting Rs. 900/- per month as salary. While working as a cleaner on February 23, 1989 deceased Laxman Singh died because of electric shock and electric current. The matter was reported to the Police Station, Ratlam. The aforesaid drilling unit was seized on February 27, 1989 by the police and subsequently the same was released on Supurdgi by the Chief Judicial Magistrate, Ratlam. Post-mortem of the dead body was also conducted. The respondents have not paid the compensation to the applicants. Therefore, on April 28, 1989 appellants filed an application for compensation on which notices were issued to the respondents. Both the respondents filed their separate written statements and denied the claim of the appellants. Therefore, issues were framed and evidence was recorded and by order dated February 25, 1997 the learned Commissioner calculated the amount of compensation of Rs. 76,885. 20 ps. against which the appellants have preferred this appeal for enhancement.

(3.) I have heard the learned counsel for the parties and perused the record.