ORIENTAL INSURANCE COMPANY Vs. KUSHLA DEVI & ORS

JUDGEMENT

(1.) Respondent No. 2, Oriental Insurance Company before learned Commissioner below, being aggrieved by the award dated 20.3.2006, passed in case No. 5/2000, is in appeal before this Court. The perusal of the impugned award reveals that the learned Commissioner below while holding that Sh. Bikram Chand, the predecessor-in-interest of respondents No. 1 to 4 (hereinafter referred to as the claimants) was a workman and taking his monthly salary as Rs. 2500/- per month as well as applying 203.85 as relevant factor keeping in view the age of the deceased as 32 years, has awarded a sum of Rs. 2,03,850/- as compensation whereas Rs. 1,40,249/- towards pendente lite interest @ 12% as on 24.4.2006.

(2.) The deceased Bikram Chand, was admittedly deployed by respondent No. 5 (hereinafter referred to as the insured) as driver with ill fated tractor bearing registration No. HP-53-0905. Although the petitioners have claimed his monthly salary at Rs. 3,000/- per month, yet as per the admission made by the insured respondent No. 5, he was paying Rs. 2,500/- as wages per month to the deceased. The tractor met with an accident on 2.6.2000 due to sagging of danga. The deceased received multiple injuries on his person and later on succumbed to the injuries so received by him on his person.

(3.) The claimants, being his widow, minor children and widowed mother, hence dependent upon him had preferred the application under Section 22 of the Workmens' Compensation Act and claimed compensation to the tune of Rs. 5,00,000/- on account of loss they suffered in this accident.