LAWS(CAL)-2006-3-21

GURDEB SINGH Vs. NEW INDIA ASSURANCE CO LTD

Decided On March 03, 2006
GURDEB SINGH Appellant
V/S
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) This appeal is by the claimant-appellant for enhancement of the award made by the learned Commissioner, Workmen's Compensation Court in Claim Case No. 401 of 2002.

(2.) The only point urged on behalf of the claimant-appellant is that learned Commissioner acted illegally by not accepting the evidence of the employer of the victim who was a driver and died while he was in employment.

(3.) It appears from the impugned judgment that employer of the victim deposed that he used to pay Rs. 4,200 per month to his driver. The salary certificate issued by him was not proved according to law. The selfsame owner in an investigation conducted by the insurance company deposed by saying that he used to pay the victim driver at the rate of Rs. 3,000 per month. Since the said employer deposed differently on two different occasions, the learned Commissioner for the purpose of doing justice to this case accepted the amount as deposed by the said employer before the Investigating Officer of the insurance company and determined the amount of compensation accordingly.