GAMMON INDIA LTD. Vs. TUSHYA DEVI

JUDGEMENT

(1.) APPELLANT Gammon India Limited has assailed award dated 27.9.1986 passed by Commissioner Workmen's Compensation, Shimla, Solan and Bilaspur Districts at Shimla (hereinafter called 'the Commissioner') whereby the respondents were awarded the following compensation:

(2.) RESPONDENT Nos. 1 to 3 are widow and sons of deceased workman Jaman Sada. Admittedly, he was working as a daily waged labourer with the appellant w.e.f. October, 1983. On 8.5.1984 he was performing the excavation work of pier P 2 of Sirhali Khad Bridge when at 10.15 a.m. due to sudden fall of muck bucket (drum full of gravel and sand) on his head he received serious injuries. He was first removed to Civil Dispensary, Barthin and thereafter to Civil Hospital, Bilaspur, where he was declared dead. The report of the accident was made by the Assistant Engineer, Barthin Sub Division, H.P. P.W.D. on 10.5.1984. On receipt of a copy of the report the Commissioner called for copies of F.I.R., post mortem report and names and addresses of the legal representatives of deceased workman Jaman Sada and thereafter sent notices to the appellant as well as the respondents.

(3.) ON the basis of this evidence the Commissioner has assessed the monthly wages of the deceased workman as under: