SANDHYA GOSWAMI Vs. BANICHOWDHURY

JUDGEMENT

(1.) Both these appeals, viz., MA(F) 1/94 and MA(F) 3/94, were taken up together for hearing since they involve common questions, Both the appeals arise out of two different Awards passed by the learned Commissioner. Workmen's Compensation, West Tripura, Agartala.

(2.) The appellants in MA(F) 1/94 were the claimants in Title Suit (WC) No. 21/92, claiming compensation on the death of Dulal Goswami, the driver of ruck No. TRL-3795. Appellant No. 1 in MA(F) 1/94 is the wife of the deceased and the other appellants are the laughter and sons. respectively, of the succeased, Dulal Goswami. who met with an accident arising out of and in the course of employment at village Ghoshpukur under Phansidewa Police Station of Darjeeling district in the State of West Bengal, on 11/12- 12-90 and succumbed to the injuries sustained by him in the accident, In default of the payment of compensation due under the Workmen's Compensation Act, the claimants/ appellants initially filed a petition before the Commissioner. Workmen's Compensation, West Bengal, Calcutta, against the opposite parties/respondents which was subsequently transferred to the Commissioner, Workmen's Compensation, West Tripura, Agartala. The parties appeared before the Commissioner. The owner/O.P. No.1, admitted that the deceased was the driver of vehicle bearing Registration No. TRL-3795 which met an accident at village Ghoshpukur under Phansidewa Police Station of Darjeeling district on the relevant date. O.P, No.2, the Insurance Co., submitted its written objections. On the pleadings of the parties, the learned Commissioner framed issues and adjudicated upon the same accordingly. The Commissioner accepted the claimants' case that the accident arose out of and in the course of employment of deceased, Dulal Goswami. On evaluation of the facts, the learned Commissioner reached the conclusion that the deceased was aged about thirty-three years at (he time of his death and held that the deceased on the date of his death, was drawing a salary of Rs.1500/- P.M, On the basis of the aforesaid conclusions., the learned Commissioner taking note of explanation II to Section 4 of the Act, 1923 for the purposes of calculation of the compensation, confined the monthly wages of the deceased to Rs.1000/- only. On that basis, the learned Commissioner decided 201.66 as the relevant factor for working out the lumpsum equivalent of the compensation amount and accordingly awarded a compensation of Rs.80,664/- being the amount which comes out after multiplication of 40% of the monthly wages by the relevant factor (i.e. 201.66). The learned Commissioner further held that since the vehicle in question was insured with the O.P./ respondent No.2 and the Insurance Policy was also subsisting, the O.P./Insurance Co. should make payment of the aforesaid amount of award to the claimants within a period of fortyfive days from the date of the Award together with an interest at the rate of 12% per annum on the awarded amount from the date of filing of the application till realisation of the entire amount.

(3.) The appellants in MA(F) 3/94 were the claimants in Title Suit (WC) No. 22/92, being the wife and minor son and daughters of deceased Kanu Debnath, driver of vehicle (truck) bearing Registration No. TRL-3795, who also met with an accident at village Ghoshpukur under Phansidewa Police Station of Darjeeling district on 11/12.12.90 and died. The case was initially filed before the Commissioner, Workmen's Compensation, West Bengal, Calcutta on 16.5.92, which was later on transferred to the Commissioner, Workmen's Compensation, West Tripura, Agartala. It was alleged that deceased Kanu Debnath, aged about thirty years, was employed as driver of truck No. TRL 3795 under the O.P. No.1/owner. He was sent on duty from Agartala to Calcutta in the said vehicle which met with an accident as mentioned above and the workman succumbed to the injuries sustained by him in the accident arising out of and in the course of his employment. A case was registered by the Phansidewa Police Station vide M/A Case No. 55/1990 dated 12.12.90. After the accident the drivers and their assistant were not traceable, but later on, three dead bodies were recovered from near the place of occurrence and on identification of the dead bodies, the death of the driver, Kanu Debnath, was confirmed. On recovery of the dead bodies, the Karsiang Police Station started a case bearing No. 184/90 dated 13.12.90. The claimants/appellants claimed a sum of Rs.3,32,768.00 as the amount of their compensation with interest at the rate of 12% per annum on the aforesaid amount from the date of filing of the application. The opposite parties, owner as well as the Insurance Company, appeared and submitted written objections. The owner admitted that deceased, Kanu Debnath, was employed as driver of truck No. TRL-3795 which was insured with the O.P. No. 2, Insurance Co. The owner also admitted that the deceased died in the accident. The Insurance Co. also contested the case. The learned Commissioner, however, after assessing the evidence, accepted the case of the claimants that the accident took place in the manner alleged and the deceased Kanu Debnath died out of and in the course of his employment. On evaluation of the materials, the learned Commissioner found that the deceased was 30 years of age at the time of his death and was drawing a salary at the rate of Rs.1500/- per month at the relevant time of his death. In terms with Section 4 of the Act, 1923, the learned Commissioner, for the purposes of calculation of compensation and limited the monthly wages of deceased at Rs.1000/- and chose the relevant factor as 207.98 as per the Schedule IV to the Act, 1923. Accordingly the Commissioner awarded a compensation for an amount of the product of 40% of the monthly wages and the relevant factor (207.98 in the case), which comes to Rs.83,192.00. The learned Commissioner accordingly directed the O.P. No.2/ Insurance Co. to pay the compensation amount to the claimants within a period of forty five days from the date of the award with interest at the rate of 12% per annum on the award amount from the date of filing of the application till realisation.