NATIONAL INSURANCE CO. LTD. Vs. SOMIRAN NESSA

JUDGEMENT

(1.) Date 11-11-2019 Heard Ms. R.D. Mozumdar, learned counsel for the appellant.

(2.) This appeal under section 30 of the Employees' Compensation Act, is directed against the order and award dated 12.08.2014 passed by the learned Commissioner, Employees' Compensation, Bajali Sub-division, Barpeta in WC Case No.1802013 thereby awarding compensation of Rs.3,89,898- along with 12% interest to the respondent No.1. The matter was heard at the admission stage.

(3.) On projecting that the son of the respondent No.1, namely, Jamaluddin was engaged as handyman in the pickup bearing registration No.AS-01-BC-9237 by the respondent No.2 and that the said vehicle had met with an accident at 4 No. Bhatkuchi under Barpeta P.S., to which the deceased succumbed to his injuries, the respondent No.1 filed WC Case No.1802013, seeking compensation. It was projected that the deceased was getting a salary of Rs.9000- per month and he was 22 years of age at the time of his death and that the police had registered Barpeta P.S. Case No.23992013 under section 279304(A) IPC. However, the learned Commissioner had held that monthly salary of the deceased was Rs.3,500- per month and accepting the age to be of 22 years, the compensation was computed as follows 50% of Rs.3500 x 221.37= Rs.3,87,397.50- rounded upto Rs.3,87,398-. A further sum of Rs.2500- was allowed as funeral cost. Accordingly, an award as indicated herein was passed.