BABI KUAR, W/O AMERJEET KUMHAR @ AMARJEET KUMAR (WRONGLY WRITTEN IN THE IMPUGNED ORDER AS BIBI KUAR) Vs. THE NATIONAL INSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER, SHANTI MARKET, CHURCH ROAD, P.S. GAYA, DISTRICT GAYA

JUDGEMENT

(1.) Heard learned counsel for the appellants and Sri Ashok Priyadarshi, learned counsel, who has appeared on behalf of respondent no. 1/National Insurance Co. Ltd.

(2.) The present appeal under Sec. 30(1) of the Workmen's Compensation Act, has been preferred on the plea of enhancement of compensation amount. The learned Deputy Labour Commissioner-cum-Commissioner Workmen's Compensation Act had allowed CWC No. 13 of 2004 by its order dated 16/6/2006 which was filed for claiming compensation in view of death of husband of appellant no. 1. The appellant no. 2 to 4 are children of the deceased. By the said order learned Deputy Labour Commissioner while allowing the case had directed the insurer of tractor no. BR-24-B/2430 and trailer no. B.R.24301 to pay compensation amount of Rs. 197356/- to claimants. It was pleaded before the Deputy Labour Commissioner that husband of appellant no. 1 was employed as driver of the offending vehicle and he died in an accident. Before the Deputy Labour Commissioner, the owner of the offending vehicle did not appear. The respondent no. 1 appeared and filed written statement and raised dispute on the point of employment, income as well as manner of death. However, learned Deputy Labour Commissioner, on the basis of age of deceased i.e. 35 years, as per Minimum Wages Act, directed to calculate the compensation amount and directed to pay total compensation amount of Rs. 1,97,356/-.

(3.) Learned counsel for the appellants accepts that in compliance with the Deputy Labour Commissioner's order, total compensation amount has been received by the claimants. However, the appellants have approached this court for enhancement of compensation amount.