ORIENTAL INSURANCE COMPANY Vs. FAREEDA BEGUM AND OTHERS

JUDGEMENT

(1.) These appeals are directed against the common award dated 29.01.2007 passed by the Commissioner Workmen's Compensation Act (Assistant Labour Commissioner), Doda, whereby, by a common award, an amount Rs.4,95,480/- (Rs.4,27,140/- as compensation plus Rs.68,340/- as interest @ 12% per annum from the date of accident till the passing of award) came to be awarded in favour of claimants and against the insurance company, appellant herein. The said award came to be passed in two applications - one filed by widow of deceased and another by father of deceased.

(2.) Since, both the appeals have arisen out of common judgment/award with respect to the same accident, deceased is the same person in both the appeals and as common question of facts and law are involved in both the appeals, I deem it proper to deal with both the appeals by this common judgment.

(3.) The facts-in-brief, as gathered from the impugned award, are that one Nazir Ahmed - husband of Fareeda Begum and son of Abdullah, respondents herein, who was under the employment of respondent-Mir Associates, Chanderkote as a Driver of Tipper No.JK02U-9551, met with an accident on 03.09.2005 at Chakwa Dam Site, when the Tipper fell in the Wallet 150/200 feet down, as a result of which he died. At the time of accident, said Nazir Ahmed was 27 years of age and was survived by his wife, two minor daughters, one minor son, father and mother. Fareeda Begum and Abdullah, respondents herein, filed two separate applications before the Commissioner Workmen's Compensation under Workmen's Compensation Act, 1923, against the Insurance Company as well as M/s. Mir Associates claiming compensation. Learned Commissioner after going through the pleadings of the parties and the evidence led made an award of Rs.4,95,480/- in favour of claimants, i.e., Rs.2,85,480/- in favour wife, Rs.50,000/- each in favour of three minor children and Rs.30,000/- each in favour of father and mother of deceased. Feeling aggrieved, the Insurance Company has filed the present appeals against the award-in-question.