NEW INDIA ASSURANCE CO LTD Vs. KARTIKA JENA

JUDGEMENT

(1.) The insurer has filed this appeal under section 30 of the Workmen's Compensation Act (in short, 'theAct').

(2.) Claimant-respondent No. 1 had filed W.C. Case No. 405-J of 1994 claiming compensation on the ground that his son died in a motor accident arising out of and in course of employment as a coolie in a truck bearing registration No. ORU 9323. The accident had occurred on 18.7.1994. Thereafter, the deceased had been shifted to S.C.B. Medical College & Hospital, Cuttack, but succumbed to the injuries on 21.7.1994. The father of the deceased in his claim application claimed that he was depending upon his son. The owner of the truck while admitting about the engagement of the deceased as a coolie as well as about the accident and the consequential death, claimed that the liability, if any, should be met by the insurance company. The insurer filed written statement generally denying the allegations made in the claim application.

(3.) The Commissioner for Workmen's Compensation, Cuttack (in short, 'the Commissioner'), on consideration of the materials on record found that the deceased was a workman under present respondent No. 2 and had died because of the injuries sustained in an accident arising out of and in course of employment. The monthly wages of the deceased were calculated at Rs. 1,000 and the age was found to be 18 years. The Commissioner applied the provisions contained in section 4 (1) (a) of the Workmen's Compensation Act as amended in the year 1995 and by calculating fifty per cent of the monthly wages as the multiplicand and applying the multiplier of 226.38 directed that a sum of Rs. 1,13,190 should be paid by the insurance company to claimant-respondent No. 1. He also directed for the payment of Rs. 1,000 as funeral expenses, as envisaged in subsection (4) of section 4 of the Act, as amended in the year 1995. In addition to the aforesaid amount, the Commissioner has imposed a sum of Rs. 500 as cost and fine of Rs. 500 and thus awarded a total sum of Rs. 1,15,190.