ORIENTAL INSURANCE COMPANY LTD Vs. NAWLESH SINGH

JUDGEMENT

(1.) THIS Miscellaneous appeal is directed against the order dated 31st January, 1997, passed by W.C.Commissioner in Claim Case No. C.W.C. 5 of 1996. The Oriental Insurance Company through its Manager is the appellant here.

(2.) THE relevant facts for this Misc. appeal are that the respondent nos. 1 to 4 filed an application before the W.C.Commissioner for grant of compensation on account of death of Binod Kumar Singh, about 22. years during the course of his employment on the truck of respondent no,5, the owner. The W.C.Commissioner, on the basis of the evidence of three witnesses examined on behalf of applicant -respondents, fixed the compensation amount at Rs. 2,21,370.00.

(3.) THE appellant has challenged this order on the ground inter alia, that in the original application, the applicant had claimed only Rs. 88,584.00 as an amount of compensation. They had also fixed the monthly wages of the deceased at Rs. 1,200/ -. However, in an application dated 23.7.1996 they sought amendment in the original application so far the monthly wages of the deceased was concerned. They also sought an amendment in the amount of compensation. The copy of this petition was not supplied to the appellant before 8th November, 1996 and thereafter the appellant filed rejoinder and ho order was passed on the application of the claimant -respondents, still three witnesses were examined on behalf of applicant and on the basis of the evidence, the W.C.Commissioner, calculated the compensation amount on the basis of monthly wages of the deceased at Rs. 2200/. The evidence adduced was against the original pleading and moreover, the owner himself was neither examined nor any registered document etc. was produced in support of the monthly wages of the deceased at Rs. 2200/ -. So the order of the W.C.Commissioner fixing the amount of compensation at Rs. 2,21,370.00 was illegal.