NATIONAL INSURANCE COMPANY LTD Vs. ABDUL AHAT

JUDGEMENT

(1.) THE appellant-National Insurance Company has challenged the award passed by the Assistant Labour Commissioner, Doda, in his capacity as Commissioner under the Workmen's Compensation Act on 29.5.2000 awarding Rs. 80,180/- as compensation to the respondents, heirs of the deceased Allah Rakha Sheikh.

(2.) IT appears that the deceased Allah Rakha Sheikh, son of applicant/respondent No. 1, was employed as cleaner with Truck No. JK02B/0312. It was during the course of his employment that on 8.4.1994 the truck while carrying labourers of Power Development Department from Dhalwas to Batote construction site, met with an accident as a result of which Allah Rakha Sheikh-cleanei died on spot whereas others were fortunate enough to have survived with injuries alone. It is further asserted in the application filed by the claimants that the deceased-Allah Rakha Sheikh was 20 years old at the time of accident and his monthly wages were Rs. 1,500/-. In sustenance of their claim, claimant No. 1 father of the deceased appeared as witness and stated that the truck with which the deceased was employed as cleaner met with an accident and died on spot. It was further found in his evidence that the death of the deceased Allah Rakha Sheikh had taken place during the course of his employment, with the owner of the truck Mohd. Shokat Mughal, as conductor. The deceased was unmarried and was contributing Rs. 1,000/- per month towards the family. The non-applicants after the receipt of the notice appeared. The owner of the truck admitted in his reply that the deceased was in his employment as conductor of vehicle No. JK02B-0312 at the time of occurrence and died in accident. It was also stated that the vehicle was insured with the National Insurance Company for four labourers and employees. The National Insurance Company though was represented by Mr. MR. Rathore, Advocate, but did not choose to file reply to the application. The owner of the vehicle further indicated in his reply that the deceased was being paid Rs. 300/- per month as wages.

(3.) AFTER considering the reply and the evidence produced by the claimants, the Commissioner held that the deceased Allah Rakha Sheikh was in the employment of the owner of the truck when accident took place and died on spot. The death of the deceased and the accident is further proved from the post mortem report. The Commissioner has assessed the compensation as per minimum rates fixed by the Jammu and Kashmir Government vide notification No. 46 dated 13.3.1995 (SRO No. 46) under the Minimum Wages Act, 1948 and determined at Rs. 900/- per month i.e., at the rate of Rs. 30/- per day, and passed the award for an amount of Rs. 80,180/- payable by the National Insurance Company including cost of Rs. 1,000/- payable by the non-applicant No. 2, the employer of the deceased, vide judgment impugned in appeal.