RINA LASKAR Vs. RABINDRA CHANDRA DAS

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923, was admitted on 26.07.2004 for hearing on the following substantial question of law:

(2.) Smti. Rina Laskar, Shri Sonai Laskar (minor) and Smti. Bakul Laskar, being the wife, minor son and mother respectively of the deceased, Pradip Laskar, presented an application before the Commissioner, Workmen's Compensation, West Tripura, Agartala (District Judge), claiming award of compensation for the death of Pradip Laskar, a workman, died due to an accident arising out of and in the course of his employment. The claimant-petitioners, inter alia, stated that respondent No. 1, Rabindra Chandra Das, owner of Jeep Vehicle No. TRT 2033, employed Pradip Laskar as assistant of the vehicle at a monthly wages of Rs. 2,050/- (rupees two thousand and fifty) and on 12.05.2000, at about 9.00 am while the vehicle was on way to Takarjala, extremists, ambushed on the roadside, indiscriminately fired on the vehicle and, as a result, Pradip Laskar received bullet injury and he was declared dead when was taken to Takarjala Hospital.

(3.) It is argued by learned senior counsel, Mr. Deb that in the claim petition the claimant-petitioners clearly stipulated monthly wages of the deceased as Rs. 2,050/-. In support of the pleadings, PW1, the claimant-petitioner No. 3, in her evidence, clearly stated that her son, Pradip used to get a monthly wages of Rs. 2,050/-. In support of her contention, she also proved a certified issued by respondent No. 1, Rabindra Chandra Das, the owner of the vehicle, which has been marked as Exbt.2.