ORIENTAL INSURANCE CO LTD Vs. AKADASI DAS

JUDGEMENT

(1.) THESE two appeals arise out of a common order in M. A. No. 91.1 and 912 of 1997 arising out of a W.C. Case No. 403 -D/93 filed by the father of deceased Rajkishore Das and W.C. Case No. 54 -D/ 93 filed by the father of deceased Umakanta Sethi respectively and this judgment will govern both the cases.

(2.) IT is claimed by the claimants that the two deceased persons were going in a Truck bearing Registration No. OR -04 -4515 as Helper and Coolie respectively on 18.1.1993 from Marsaghai to Chandikhole. On the way the Truck collided against a Mini Truck as a result of which the two deceased persons sustained severe injuries and died subsequently. Since the two deceased persons sustained injuries in an accident in course of their employment and subsequently succumbed to the injuries, the claimants filed claim applications before the Commissioner for Workmen's Compensation -cum -Deputy Labour Commissioner, Cuttack.

(3.) THE Commissioner for Workmen's Compensation after an elaborate discussion of the evidence on record was, however, inclined to grant Rs. 80,176/ - as compensation in W. C. Case No. 54 -D/93 whereas Rs. 65,541/ - in W, C. Case No. 403 -D/93.