CHANCHALO DEVI Vs. GENERAL MANAGER FCI

JUDGEMENT

(1.) This Civil 1st Miscellaneous Appeal has been preferred under Section 30 of Employees Compensation Act, for enhancement of award of compensation dated 08.05.2017 passed by the Commissioner under Employees Compensation Act 1923 (Assistant Labour Commissioner), Jammu.

(2.) The facts leading to filing of this appeal briefly stated are that Puri Ram, the husband of the appellant during the course of his employment with Food Corporation of India, while was handling the work of loading of food grains from Shed-B at New Godown, Jammu to the Trucks on 10.10.2014, suffered fatal injuries at low back as a result whereof he was rendered permanently disabled owing to have lost sensation of both his limbs. His disability was assessed as 100% by the Medical Board on 21.01.2015 and he died due to said injuries on 08.06.2015. The Manager Food Storage depot (FSD for short) on 10.10.2014 itself intimated Area Manager of Food Corporation of India regarding the accident vide its letter No.FSD/NG/GCPT/2014/5955. Puri Ram initially remained admitted in Govt. Medical College Hospital, Jammu and thereafter at Amandeep Hospital, Amritsar and despite he remained bedridden, not even a single penny was paid to him by his employer nor even any amount was deposited with the Commissioner as against the statutory requirement of law as provided under Section 4-A(2) of the Act. The representations of the office bearer of Food Corporation of India Worker's Union made from time to time were also not considered and due to financial constraints and because of he having suffered with Paraplegia with grade zero power in both lower limbs with sensory loss and bowel and bladder involvement, he died as stated above on 08.06.2015. The appellant claimed Rs.19.00 lacs as compensation and interest at the rate of 12% thereupon from 10.10.2014, the date when he suffered fatal injuries which rendered him permanently disabled and also claimed that penalty be imposed upon the respondent for having not paid the amount of compensation from the date, it fell due to Puri Ram, now deceased. It is further stated that the Commissioner even did not put the respondents to notice for showing cause before delivering the judgment to show cause that as to why the penalty of an amount not exceeding 50% of the amount of compensation be not imposed for not paying the compensation to Puri Ram when it fell due. The Commissioner failed to exercise the power as vested in it under Section 4-A(3)(b) of the Act.

(3.) For facility of reference, Section 4-A of the Act is reproduced as below: