LAXMI DEBI Vs. PRADIP GOEL

JUDGEMENT

(1.) This appeal under Section 30 of the Employees Compensation Act, 1923 is directed against the judgment and award (Nil) dated 05.10.2002 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala (District & Sessions Judge) in Case No. TS(WC) 20 of 2001. Heard learned counsel, Mr. H. Debnath for the appellant and learned Sr. Counsel, Mr. S.M. Chakraborty, for respondent No. 2. None was present for respondent No. 1 (alleged employer).

(2.) The appellant, being the petitioner, presented an application before the Commissioner, Workmen's Compensation, praying for granting her adequate compensation for the death of her husband, Pawan Mahata, who was working as a labourer employed by the respondent No. 1, the owner of a Transport Corporation, namely A.T.C. Transport Corporation (Assam) Ltd., alleging inter alia that on 30.03.2001 at about 12-30 p.m., the said Pawan Mahata, the husband of the petitioner, a godown labourer of the respondent No. 1, was engaged in carrying load of heavy bundle of clothes on head to the store room of respondent No. 2 and while with the load on head he was entering in the store room of respondent No. 2, the bundle struck with upper part of the door and fell on him and as a result, he received severe injury and was taken to G.B. Hospital where he died on 01.04.2001 at 5-00 p.m. The deceased Pawan Mahata died because of the injury suffered arising out of and in the course of his employment and so, the appellant petitioner being the wife, claimed the compensation before the Tribunal. She has also alleged that her husband used to get Rs. 4000/- per month from respondent No. 1 and that it was within the knowledge of the respondent about the accidental death of her husband but no compensation was paid by the respondent.

(3.) Respondent Nos. 1 and 2 recorded their appearance before the Commissioner on receipt of notice of the case and submitted their written statements denying the facts alleged in the petition.