LAWS(P&H)-2006-2-21

UNITED INDIA INSURANCE CO Vs. KAUSHALAYA DEVI

Decided On February 17, 2006
UNITED INDIA INSURANCE COMPANY Appellant
V/S
KAUSHALAYA DEVI Respondents

JUDGEMENT

(1.) THIS appeal has been filed against award given by the Commissioner, under the Workmen's Compensation Act, 1923, vide which for death of Kali Ram, an amount of Rs. 4,30,560 has been granted. Claimants are widow, minor children and parents of the deceased. It is not in dispute that the deceased was working as a truck driver and he was sent to deliver the goods and on the way he had suffered heart attack and died. Relationship of master and servant between respondent No. 6 and the deceased is proved on record. THIS Court feels that death has occurred in the course of employment. So far as quantum of compensation is concerned, the same is reasonable, as the age of the deceased was only 26 years, he was drawing a salary of Rs. 4,000 per month. Counsel for the appellant states that there is no proof on record, that the deceased was drawing that much salary, as has been held by the Court below. Be that as it may, it is known fact that in these days, no driver can be employed for less than Rs. 4,000 p.m. THIS Court feels that the truck drivers are rather getting more salary.

(2.) IN view of facts mentioned above, no case is made out for interference in pure findings of fact as Counsel has failed to raise any substantial question of law at the time of arguments. Dismissed. Appeal dismissed.