ORIENTAL INSURANCE COMANY Vs. NARPARTU

JUDGEMENT

(1.) THIS appeal under the Workmen's Compensation Act was admitted on the following questions of law: -

(2.) BRIEFLY stated the facts of the case are that the petitioner filed a petition under the Workmen's Compensation Act alleging that her husband Kabir Dass was employed with Rehmat Ali as helper. Rahmat Ali had taken a contract for construction of a road. On 16.6.2003 Kabir Dass was on duty, a huge rock came down and hit him and he died at the spot itself. It was claimed that the deceased was getting Rs.80/ - per day and used to earn Rs.1500/ - per month from other work. The deceased was aged about 23 years, 2 months and 13 days at the time of the accident. The learned Commissioner assessed the income of the deceased at Rs.2400/ - per month and by applying the formula of the Workmen's Compensation assessed the compensation at Rs.2,63,940/ -. In addition thereto the Insurance Company was held liable to pay interest of Rs.1,68,169.55/ - and total compensation of Rs.4,32109.55/ - was ordered in favour of the claimant.

(3.) I have gone through the records of the case and perused the evidence. PW -1 Daulat Ram is the nephew of the claimant and her power of attorney. He stated that the deceased was employed with Rahmat Ali (contractor) as a helper. He produced a number of documents including a copy of the muster roll showing Kabir Dass as a helper in the organization of R.A. Construction being run by Rahmat Ali but unfortunately, these documents were not exhibited and marked in evidence. He has been cross -examined at length but no question has been put to him that the deceased was not an employee of Rahmat Ali. PW - 3 is Dharam Pal, who states that he was on the spot and saw the accident. He in cross - examination could not give the names of other employees and it appears that he was not present at the spot.