SENIOR DIVISIONAL MANAGER Vs. UMABATI NAIK

JUDGEMENT

(1.) THIS is an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (for short 'the Act') against the award and judgment dated 30.4.2001 passed by the Assistant Labour Commissioner -cum -Commissioner for Workmen's Compensation, Bhubaneswar in W. C. Case No. 57 of 1999.

(2.) THE case of the claimants -respondent Nos. 1 to 4 is that on 5.10.1999 at about 11 A.M. the deceased -driver Pramod Kumar Naik while discharging his duty in the truck bearing registration number OR -05F 6696 and was proceeding with the truck in a normal speed from village Bhanpur (under Cuttack Sadar) towards Rourkela loaded with freezes, met with an accident in village Mandasila under Barkote Police Station, by having collusion with another truck. As a result, he sustained serious injuries including compound fracture and was admitted to S. C. B. Medical College and Hospital, Cuttack where he succumbed to the injuries on 6.10.1999. In the claim petition it has been stated that the deceased was getting Rs. 3,000/ - as his wages per month and was aged about 24 years at the time of accident. The parents, unmarried sisters and major elder brother have filed the claim application before the Commissioner for Workmen's Compensation on account of the accidental death of deceased driver Pramod Kumar Naik while he was discharging his duty as such.

(3.) THE insurer (appellant - opp. party No. 2) has filed his written statement disputing all the facts including the employment, age and wages of the deceased as well as the liability for payment of compensation. In order to prove their case, the claimants have examined as many as two witnesses and the opp.party -owner (respondent No. 2) has examined one witness.