PANPORI Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is the claimants appeal challenging the order dated 21.09.1999 of the competent authority under the Workmen's Compensation Act, 1923. The appellants filed a claim application before the competent authority seeking compensation on account of death of deceased-workman Jasmer Singh, who alleged to have died in a road accident on 21.08.1996 during the course of his employment with respondent No. 1 being driver of Matadoor No. HR-45-0253.

(2.) Upon notice, respondent No. 1 did not appear and proceeded against ex-parte. However, respondent No. 2 filed the written statement, wherein, relationship of employer and employee between the deceased-workman and respondent No. 1 was denied, further, stating that he did not die during the course of his employment. It was further stated that the deceased was not having a valid driving licence at the time of alleged accident.

(3.) On the basis of evidence on record, the competent authority found that their existed a relationship of employer and employee between deceased-workman and respondent No. 1, as respondent No. 2 has not led any evidence to support its contention in this regard. The competent authority determined compensation payable to the appellants at Rs. 1,51,933/- by taking the wages of the deceased-workman at Rs. 1543 and thereafter, applying relevant factor of 197.06 treating his age at 35 years as indicated in the post-mortem report; The competent authority further awarded interest @ 12% per annum from the date of filing of the claim application till the date of the award.