ANUKUL CHANDRA DEY Vs. BHANU KANTA DEBNATH

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment dated 22.5.04 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in Case No. Title suit (WC) 43 of 2001 praying for enhancement of the compensation awarded by the learned Commissioner.

(2.) The facts leading to the filing of the present appeal is that the claimant/appellant filed a claim petition before the learned Commissioner, Workmen's Compensation, under the provisions of the Workmen's Compensation Act, 1923 (for short 'the Act') for awarding compensation for the death of his son Amar Chandra Dey who was a Driver-cum-Mechanic of the vehicle bearing registration No. TR- 01-2112 (Commander Jeep) owned by Bhanu Kanta Debnath, the respondent No. 1 herein alleging that his son died in an accident occurred on 6.10.2001 arising out of and in course of his employment and was paid a monthly wages of Rs. 4000/-. The owner of the vehicle (respondent No. 1 herein) on receipt of the notice from the learned Commissioner entered appearance and filed objection, admitting employment of the deceased as driver of the vehicle, the factum of the accident and also his death involving the vehicle arising out of and in course of his employment but has pleaded that the accident was due to negligent driving and the monthly salary/ wages was Rs. 2000/-. The Insurance Company, the respondent No. 2 herein who was also impleaded as opposite party in the said proceeding being the insurer in respect of the vehicle in question also contested the claim of the petitioner by filing written statement denying all the statements made in the claim petition. The claimant in support of his claim has examined himself as witness. The opposite parties (respondents herein) though filed their written statements did not examine any witnesses in support of their pleadings in their written statements. The learned Commissioner, thereafter, vide judgment dated 22.5.04 awarded a sum of Rs. 1,35,560/- as compensation under the provisions of the Act for the death of the claimant's son and directed the Insurance Company, respondent No. 2 herein to pay the said compensation as the vehicle was duly insured with the Insurance Company. It was also ordered that the amount of compensation shall carry an interest @ 12% per annum from the date of accident i.e. 6.10.01 till the payment is made. Hence the present appeal by the claimant, claiming enhancement of the amount of compensation.

(3.) The appeal was admitted vide order dated 10.9.04 on the following substantial question of law :