NEW INDIA ASSURANCE VS ZAREENA BEGUM CO LTD Vs. ZAREENA BEGUM; RASHIDABEGUM; KHURSHID JANJUA; NAZIR HUSSAIN JANGOO & ORS

JUDGEMENT

(1.) Late Ghulam Qadir Janjua, Mohi-ud-din Janjua, Mohammad Safeer Janjua and Fayaz Ahmad Ganjoo, while in the employment of respondents No.5-M/S Jagdish Chand Gupta, Engineers & Contractors, who was engaged as contractor by respondent No.6 (Principle employer), while working on a bridge at Parampilla Uri, lost their lives on 15.11.2008 when the bridge collapsed. The deceased workmen were receiving Rs.6000/ each as their monthly wages from respondent No.5. When compensation was not paid in accordance with Workmen's Compensation Act, 1923, the dependents of the deceased filed four separate claim petitions before the Authority under Workmen's Compensation Act (Assistant Labour Commissioner) Baramulla. The wages and age of the deceased workmen have been assessed as under:- <FRM>JUDGEMENT_41_LAWS(J&K)1_2013_1.html</FRM>

(2.) The amount of compensation, interest and penalty @50% has been calculated as under: <FRM>JUDGEMENT_41_LAWS(J&K)1_2013_2.html</FRM>

(3.) Finally an amount of Rs.13,39,312(Rupees thirteen lac thirty nine thousand three hundred twelve) has been awarded with interest of Rs.3, 21,436(Rupees three lac twenty one thousand four hundred thirty six), payable to the petitioners (claimants) with direction to appellant insurance company to deposit the said amount within thirty days for its disbursement to the dependents of deceased workmen. It has also been ordered that the contractor(respondent No.5) was under legal obligation to deposit the amount within thirty days of the date of accidental death, which has not been done, therefore, claimants shall be entitled to an amount of Rs.6,96,656 (Rupees six lac ninety six thousand six hundred fifty six) as penalty @50% of the compensation amount as per Section 4(A) of the Workmen's Compensation Act, 1923. The respondent No.6 (General Manager, Uri-II Hydro Electric Project) has been directed to deposit the amount out of the bills/deposits of the respondent No.5 within 30 days.