ORIENTAL INSURANCE COMPANY LIMITED Vs. MOHAN DAS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 24.3.2006 passed by the learned Commissioner for Workmens Compensation -cum -Assistant Labour Commissioner, Cuttack in W.C. Case No.153 -D of 2004 directing payment of compensation of Rs.3,36,000/ -with simple interest at the rate of 9% per annum from the date of filing of the claim case.

(2.) THE respondents 1 to 5 are legal heirs of deceased Bhagaban Das. The case of the claimant -respondents 1 to 5 is that the deceased Bhagaban Das was working as a helper in a truck bearing Registration No.OR -04 -6119 belonging to Sabuddin Khan. While discharging his duties on 15.4.2004 at about 9.30 P.M. as a helper in the said truck, he met with an accident in the said truck near Kaudikhol and sustained injuries. The further case of the claimant -respondents is that the deceased succumbed to the said injuries on the spot. The death having occurred in course and out of employment, the application for payment of compensation was filed.

(3.) ON the pleadings of the parties, the learned Commissioner framed four issues and with reference to the evidence adduced before him allowed the application holding that the deceased died in an accident arising in course and out of employment and as such is entitled to compensation. The wage of the deceased was calculated at Rs.3,000/ -per moth and age of the deceased having been assessed at 20 years, compensation as stated above was directed to be paid.