MALLIKA SAHA Vs. PUTUL RANI DEB

JUDGEMENT

(1.) Heard Mr. Debalay Bhattacharya, learned senior counsel assisted by Mr. Samar Das, learned counsel appearing for the claimant appellants and also heard Mr. Alik Das, learned counsel appearing for the respondent No.2-insurance company.

(2.) The present appeal under Sec. 30 of the Employees' Compensation Act, 1923 is directed against the award dtd. 28/4/2021 passed by the learned Commissioner, Employees' Compensation, West Tripura, Agartala in T.S(E.C.) No.10 of 2013 where by the learned Commissioner rejected the claim petition filed by the appellants herein.

(3.) The case of the appellants, in a nutshell, is that on 25/2/2012 at the dead hours of night while the deceased Sabyasachi Deb was driving the vehicle bearing No.TR-01-Z-0304 and reached near Fatikcherra at about 4.30 a.m., the vehicle dashed a tree in a turning due to brake failure resulting which said Sabyasachi Deb succumbed to his injuries at the spot. It was alleged that deceased aged about 31 years during his lifetime was an employee under his mother would earn wages of Rs. 6,000.00 per month and beside this, he would also earn Rs. 8,000.00 from other business and in total his income was alleged to be Rs. 14,000.00. It was also alleged that the deceased died out of an accident which arose out of and in course of his employment. Accordingly, the claimants filed application under Ss. 4, 4(A), 10 and 22 of the Employees' Compensation Act praying for compensation of Rs. 25,00,000.00.