RANI DEVI Vs. MILKHI RAM

JUDGEMENT

(1.) THIS is an appeal against the award of Commissioner under Workmen's Compensation Act. Briefly stated, the appellant claimed compensation before the Commissioner for the death of her husband during the course of his employment with the respondents. She stated that her husband was employed as Conductor/second driver by respondent No. 1, and on September 22, 1989 while he was on his way from Srinagar to Jammu in vehicle No. JKN/8867, the vehicle met with an accident and the vehicle fell about 200 feet deep into a Nallah, as a result whereof husband of the appellant suffered multiple injuries and thereafter succumbed to the same on September 27, 1989. She further stated that her husband was being paid a salary of Rs. 1200/pm and he was aged 25 years at the time of his death. The vehicle in question stood insured with respondent No. 2/ Insurance Company.

(2.) THE Commissioner heard the respondents. It was not disputed before Commissioner that the death of the appellant's husband was caused by an accident which arose out of and in the course of his employment with respondent No. 1. However, the respondent No. 1 in his statement contended that the monthly salary of Rs. 200/- plus Rs. 15 as diet money per day was being paid to the deceased. The respondent No. 2 accepted that the vehicle in question was insured with the Insurance Company. The following issues were drawn by the Commissioner :

(3.) ON the basis of evidence, the Commissioner came to the conclusion that the monthly wages of the deceased were Rs. 650/-, and on the basis of this figure, he allowed compensation of Rs. 57,556/- in favour of the appellant. He further directed that the said amount shall be deposited in his Court within thirty days of the order, failing which, penalty and interest as admissible under law would become chargeable. The appellant has filed this appeal and seeks two reliefs from this Court as under :