LATIKA DAS Vs. KAYAMUL HAQUE

JUDGEMENT

(1.) The unfortunate victim at the age of 23-24 years while working as Khalasi in the ill-fated truck succumbed to the injury caused due to accident. His mother being the appellant lodged a claim before the Commissioner under the Workmen's Compensation Act, 1923 for appropriate compensation against the owner as well as the Insurance Company as the vehicle stood insured. Both of them filed written statement. The owner admitted that he was working as Khalasi. The owner also admitted that he died in course of employment. He was getting salary Rs. 1,850/- per month in addition Tiffin allowance Rs. 30/- per day. However, there was some confusion with regard to the exact quantum of salary.

(2.) The Insurance Company totally denied their liability to pay. The Insurance Company took a plea that the Khalasi was not covered under the policy of Insurance. The matter was heard by the Commissioner. The Commissioner considered the evidence of the matter. The Commissioner came to a conclusion that there was confusion with regard to the exact age of the victim. The age of the victim as claimed by the appellant was impossible if her age was considered as claimed by her. The Commissioner also highlighted the confusion raised by the owner in his written statement as well as deposition with regard to the exact salary being paid to the victim. The father of the victim was a fisherman. He did not come to depose. His income was also not made known to the Commissioner. The Commissioner observed that the appellant failed to prove that she was a dependent upon income of her son. She also failed to prove the monthly income of her son. The Commissioner also held that the Insurance policy was required to be considered which was not tendered in evidence. The Commissioner rejected the claim. Hence, this appeal by the appellant.

(3.) We have heard Mr. Banerjee, learned Counsel being assisted by Mr. Jayanta Banerjee, learned Counsel for the appellant and Mr. Drolia, learned Counsel appearing for the Insurance Company. The owner is not represented before us.