NATIONAL INSURANCE COMPANY LTD Vs. RANJULATA BHUYAN

JUDGEMENT

(1.) THE Judgment of the Commissioner under the Workmen's Compensation Act, Cuttack, dated April 24, 1992 in W. C. Case No. 16-D of 1989 is assailed by the National Insurance Company Limited in this appeal filed under Section 30 (1) of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act" ). The point that arises for determination in this case is whether Respondent No. 1, Ranjulata Bhuyan, wife of late Sudarsan Bhuyan is entitled to receive any compensation in the case. Answer to this question depends on determination of the point, whether, in the facts and circumstances of the case, Sudarsan Bhuyan was entitled to receive compensation under the Act for the death of his brother, deceased workman, Trilochan Bhuyan.

(2.) THE aforementioned W. C. Case was initiated on the application filed by late Sudarsan Bhuyan claiming compensation as a dependent of his brother late Trilochan Bhuyan. Trilochan Bhuyan who was engaged as helper of truck No. ORU 4741, died on January 21, 1989 in an accident arising out of and in course of employment. Sudarsan claimed compensation of Rs. 90,000/- from Respondent No. 2, Anirudha Rout, owner of the truck, and the appellant the insurer of the vehicle. The case pleaded by him was that his brother was twenty years old at the time of his death; that he (Sudarsan) was totally dependent on his brother for his sustenance and was, therefore, entitled to receive compensation under the Act.

(3.) RESPONDENT No. 2 in his written statement admitted the claim of the application but pleaded that since the vehicle was insured with the appellant-company, the liability for the compensation amount is to be borne by it. He stated that the deceased was being paid Rs. 800/- per month as salary.