SR. DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LTD. Vs. DIVISIONAL MANAGER BOUDH COMMERCIAL DIVISION ORISSA FOREST DEVELOPMENT COMPANY LTD. AND 4 ORS.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the learned Single Judge dated 26.3.2005 by which the appeal filed by the Respondent No. 1 against the award of the Commissioner for Workmen's Compensation -cum -Asst. Labour Commissioner, Cuttack for fixing liability of compensation on the Insurance Company has been allowed.

(2.) The facts and circumstances giving rise to this appeal are that one workman Raj Kishore Barik while driving the vehicle belonging to Respondent No. 1 - Forest Development Corporation ( hereinafter called 'Corporation') met an accident on 17th June, 1996 and sustained head injury. He was immediately shifted to the hospital where he succumbed to the said injury on 18th June, 1996. His wife and minor children filed claim petition before the Commissioner under the provisions of Workmen's Compensation Act (hereinafter called the 'Act') contending that he was 35 years of age at the time of accident and was drawing a salary of Rs. 2500/ -per month from the Corporation. Thus they are entitled for a sum of Rs. 2,30,000/ -.

(3.) The matter was contested by both the parties and on the basis of the pleadings, the following issues were framed.