JAGAR NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT No. 1, Jagar Nath, is the father and appellant No. 2 Nirmla, is the widow of the deceased, Mohan, who was working as beldar in Lift Irrigation Scheme, Killor Pump House at Paonta Sahib. On 5.9.83, he was deputed to go from Killor Pump House to Khodri Pump House. Accordingly when he was on his way to Khodri Pump House, due to heat and fatigue he fell down from his bicycle on the road at about 4.30 p.m. and died.

(2.) THE appellants filed application under Section 4 of the Workmen's Compensation Act, 1923 (hereinafter called 'the Act') for awarding them compensation alleging that said Mohan had died during the course of his employment and they are entitled to compensation on the basis of his monthly wages of Rs. 750/ . The application was opposed by respondent No. 1 on the preliminary objection that the appellants were not entitled to any compensation as the workman had not died during the course of employment or while performing duties with them. On merits, it was admitted that Mohan was working as daily paid beldar at Killor Pump House up to 5.9.1983 on the wages of Rs. 15/ per day.

(3.) THE parties adduced their evidence on the basis of which Commissioner, Workmen's Compensation decided issue Nos. 1 and 2 in favour of the appellants holding that Mohan had died during the course of employment of respondent No. 1 and at the time of his death he was earning Rs. 15/ per day, that is, Rs. 450 per month. Accordingly, he awarded the following amount: