ASSAM STATE ELECTRICITY BOARD Vs. RENU BORAH

JUDGEMENT

(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 challenging judgment and award dated 19.3.2004 passed by Workmen's Compensation Commissioner (hereinafter referred to as 'the WC Commissioner), Nagaon in Case No. N.W.C. 161/2002. The case of the claimant was that her husband Late Pradip Borah was engaged as driver of the Assam State Electricity Board (ASEB), Paltanbazar. While on duty and was driving the vehicle No. ASN-4250, a truck of the ASEB, there was an accident on 11.8.1999 owing to mechanical defect. The vehicle capsized in the road side and thereupon the driver died on the spot. Pursuant to the accident information report, G.D. entry No. 265 dated 11.8.1999 was registered by Raha P.S. The deceased left behind the claimant-wife as well as seven (7) sons all of whom were minor at the relevant time.

(2.) The ASEB appeared and submitted written statement and thereupon the claimant led evidence and exhibited 3 (three) documents. On perusal of the evidence led by the claimant, the learned WC Commissioner arrived at the finding that vide Ext. 3 pay certificate issued by the Assistant Executive Engineer of the appellant herein, the deceased was drawing a salary of Rs. 7,882/- per month. However, in view of Explanation II under section 4 of the Act, the monthly wage of the workman was taken at Rs. 4,000/- per month. Thereupon considering the age of the deceased as 45 years relevant factor was worked out and thereupon the following calculation was made:--

(3.) On 24.6.2004 this appeal was admitted, however, without framing any substantial question of law and it was directed that during pendency of the appeal claimant be permitted to withdraw 50% of the awarded amount.