UNITED INDIA INSURANCE Vs. BISHI KESHAN BARIK

JUDGEMENT

(1.) HEARD Shri A.K. Mohanty for the appellant and Shri P.N. Misra for respondents.

(2.) THIS is an appeal under Section 30 of the Workmens Compensation Act, 1923 at the instance of the insurer -United India Insurance Company Limited and is directed against the judgment dated 23.12.1994 passed by the Commissioner for Workmens Compensation -cum - Assistant Labour Commissioner, Sambalpur (hereinafter called "the Commissioner") in W.C. Case No. 10 of 1994 awarding a sum of Rs. 88,548/ - compensation in favour of respondent No.1 -Bishi Keshan Barik for the death of his son -Sribachha Barik on 26.1.1994 in a motor vehicular accident and saddling the liability of payment of compensation on the insurer.

(3.) THE Commissioner on the pleadings of the parties framed as many as four issues and on evaluating the materials on record came to hold that the deceased died in the accident which arose in course of and out of his employment as a driver of the tractor and the said tractor was validly insured with the present appellant on the date of the accident. The Commissioner considering the age and wages of the deceased assessed the compensation at Rs. 88,548/ - and directed the insurer to pay the same.