NATIONAL INSURANCE CO LTD Vs. BHAN SINGH

JUDGEMENT

(1.) These two appeals have been filed by the insurance company against a common award passed in W.C. Case No. 19 of 1986 and W.C. Case No. 1 of 1987 which had been heard analogously by the Commissioner for Workmen's Compensation (in short, 'the Commissioner').

(2.) W .C. case No. 19 of 1986 was filed by the legal heir of late Sukhdev Singh claiming that the deceased was the driver in respect of truck bearing No. ORJ 6665 belonging to the owner Sabyasachi Misra and due to accident on 15.6.1986, the deceased expired. W.C. Case No. 1 of 1987 was originally filed by the father and wife of deceased Rabindra Patra alias Paik, wherein it is also claimed that the deceased Rabindra was the driver of the said ill -fated truck and expired in the accident dated 15.6.1986.

(3.) BOTH the cases were heard together. The Commissioner found that admittedly Sukhdev Singh was the driver and had died in course of employment. Keeping in view the age and wages, the Commissioner fixed a sum of Rs. 83,192 as compensation and further directed the insurance company to pay the said amount along with penalty at the rate of 30 per cent. In W.C. Case No. 1 of 1987, the Commissioner after referring to the evidence on record including the evidence of the owner himself who had stated that deceased Rabindra Paik was working as a helper, held that, in fact, deceased Rabindra was working as a helper. The Commissioner further held that deceased Rabindra must have been receiving a salary of Rs. 1,100 including Rs. 300 towards food charges and on that basis calculated Rs. 83,192 as compensation payable to the claimants on the basis that the deceased was aged about 30 years at the time of death.