SANJEEV DEEPAK RAIS Vs. SHYAMA THAKUR

JUDGEMENT

(1.) THIS appeal by the employer is directed against the award of the Commissioner under the Workmen's Compensation Act, S.D.M.(U), Shimla in case No.3 of 1998 decided on 8.5.2002 whereby he has awarded compensation of Rs.2,84,340/- along with interest @ 12% per annum w.e.f. 10.1.1998 till deposit of the amount.

(2.) THE appeal filed by the employer was admitted by this Court on 19.6.2006 on the following substantial questions of law:-

(3.) HOWEVER , as per the claimants, the deceased died during the course of his employment while discharging his duties whereas according to the appellants the duties of the deceased had come to an end at 8 p.m.and that the deceased was not an employee of the appellants at the relevant time. It is the further case of the appellants that the compensation has not been calculated in accordance with the provisions of the Workmen's Compensation Act, inasmuch as, that at the time of the accident the maximum wages which could have been taken were only Rs.2000/- per month and not Rs.3000/- per month as taken by the Commissioner. It is also argued that no proof of the age of the deceased has been given and, therefore also the compensation has not been properly assessed.