NATIONAL INSURANCE CO LTD Vs. HIMINGTHANHNUNA

JUDGEMENT

(1.) THE applicant/respondent No.1 who is the father of the deceased had filed W.C. Case No. 11 of 2008 before the Court of the learned Commissioner, Employees' Compensation, Aizawl, Mizoram under Section 4 of the Employees' Compensation Act due to the death of his son who met with a vehicular accident on 16 -06 -2007 by accidentally falling down from a vehicle bearing Registration No. MZ -01/C -4311. As a result of the accident, his son succumbed to his injuries and died on the spot of the accident. The claim of the applicant was that his son was employed as a handleman by the opposite party No. 1/respondent No.5 with a monthly wage of Rs. 4,000/ - per month. The deceased at the time of the accident was 29 years old.

(2.) AFTER the pleading of the parties were completed, issues were framed and during the trial, the applicant/respondent No.1 had produced two witnesses and thereafter, the learned Commissioner disposed of W.C. Case No. 11 of 2008 by judgment and award dated 02 -06 -2012 directing the opposite part No.2/appellant to pay compensation of Rs. 4, 50,420/ - (Rupees four lakhs fifty thousand four hundred and twenty)only with interest @ 9% from the date of filing of the claim petition i.e 14 -11 -2008 within a period of one month from the date of judgment of the learned Commissioner.

(3.) BEING aggrieved the present appeal.