NATIONAL INSURANCE CO LTD Vs. TARA BEWA

JUDGEMENT

(1.) THE insurer is the appellant against an award passed by the Commis - sioner for Workmen's Compensation - cum -Deputy Labour Commissioner at Cuttack, in W.C. Case No. 16 -D of 1987.

(2.) RESPONDENT No. 1 filed an application under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') claiming compensation amounting to Rs. 65,000/ - for the death of her son Brajendra Kumar alias Chagala Jena. Her case before the Commissioner is that on 27.11.1985 at about 5 a.m. her son Bra - jendra was going in a Trekker bearing registration number WNF 1148 as helper, to Puri with some passengers and the said Trekker met with an accident as it dashed against a truck near Gopalpur Check -Gate. Due to the accident Brajendra received injuries on his body and he was removed to the hospital at Cuttack, where he succumbed to the injuries. It was also stated in the application that she was dependent on her son, the deceased, who was aged 20 years at the time of the accident and was receiving monthly wage of Rs. 700/ - from opposite party No. 1 (respondent No. 2 herein), the owner of the Trekker. The present appellant, the insurance company was arrayed as opposite party No. 2.

(3.) THE claimant to substantiate her case examined herself and two other witnesses, whereas the owner examined himself as OPW 1. The Commissioner framed four issues and on consideration of the oral and documentary evidence on record came to hold that the deceased was a workman under the owner, opposite party No. 1; the death had occurred in the course of his employment on account of the accident; the claimant was entitled to get compensation of Rs. 63,061.60 and the insurance company, the present appellant, was liable to pay the awarded amount.