JITENDRA NATH NATH Vs. SARDHA

JUDGEMENT

(1.) This is an appeal by one Jitendra Nath Nath, partner Mahadeb Nath and Sons, against an order dated the 25th July, 1952, passed by the Commissioner for Workmen's Compensation, whereby he awarded a sum of Rs.3,000 to the respondent, Sardha, as compensation on account of the death of her husband, Choudhury Ram, who was alleged to have been employed under the appellant.

(2.) The respondent's case was that her deceased husband, Choudhury Ram, was employed as a coolie under the appellant and that on the 3rd of Sept., 1950, he had suffered an injury in his spine, while employed in the performance of his duties, which ultimately resulted in his death. The monthly wages of the deceased were claimed to have been Rs. 80 to Rs. 100 per month and on the basis of that scale of wages, compensation of an amount of Rs. 3,000 was claimed.

(3.) The respondent's case, as more fully made out by the evidence led on her behalf, was as follows. Choudhury Ram was employed as a coolie in the appellant's firm and his duty was to lift and move bags for the purposes of the appellant's business. On the day of the occurrence, his brother. Madhuri Ram, and another coolie, named Prasadi, who were also employed under the appellant, were weighing oilcake bags and the deceased Choudhury Ram was bringing them from the stack for the purpose of being weighed. As he was doing so, certain bags of salt fell upon him and struck him on the spine as a result of which he was felled on the ground.