STATE OF PUNJAB Vs. VIDYA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the order of Workmen's Compensation Commissioner, Rupnagar, dated 5th January 1989 whereby Vidya Devi and her two minor son and daughter were granted compensation to the tune of Rs. 24000/-with interest at the rate of 6% per annum from the date of accident till actual payment. All the aforesaid petitioners, were to receive the said compensation in equal shares and the shares of the minors were further directed to be deposited in fixed deposits in their names and the said amount was not to be withdrawn, nor any loan could be raised against the said deposits till the minor-claimants attained their age of majority.

(2.) BRIEF facts, relevant for the disposal of this appeal, are that Mansha Ram was employed as a workman at Anandpur Sahib Hydel Project as a Dumper Operator, by the authorities in charge of the said Project. He was drawing Rs. 1251- as pay when on 6th June 1983 at about 2. 00 A. M. while on duty in connection with his aforesaid employment with the Hydel Project authorities he met with an accident, which proved fatal. The widow and the minor children of the deceased have claimed compensation to the tune of Rs. 73,516. 62 together with penalty equivalent to 50% of the amount of compensation. Prayer was also made for grant of interest at the rate of 12% per annum from the date of accident till payment. It was further pleaded that their claim was kept pending and was declined on 31st March 1986 on the ground that Mansha Ram could not be treated as Workman just because of subsequent revision of pay scales his pay was fixed at Rs. 1084. 70 in order to take away benefits, which had already accrued to the said claimants.

(3.) THIS petition was contested on behalf of the employer and the State of Punjab on the ground that the monthly wages of Mansha Ram deceased exceeded Rs. 1000/ -. As such he was not covered by the definition of a workman under Section 2 (h) of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act ). The objections concerning maintainability of the petition, jurisdiction of the court and limitation were also raised. On merits, it was admitted that Mansha Ram was working as a Dumper Operator, Anandpur Sahib Hydel Project, met with an accident on 6th June 1983 while on duty resulting in his death. It was, however, pleaded that the said accident took place due to the negligence of Mansha Ram, who touched the electric wire and the employer was not liable to pay compensation to the heirs of the deceased.