OM PARKASH NARGOTRA Vs. MUSRA BEGUM AND ORS

JUDGEMENT

(1.) This appeal by the appellant-employer is directed against the award of the Commissioner, Employees Compensation Act (Assistant Labour Commissioner) (for short „Commissioner.) dated 12.03.2011 directing the appellant-employer to pay the awarded amount along with interest to respondent No.1.

(2.) Briefly stated, the facts which are relevant to the disposal of this appeal are that the son of respondent No.1 namely Gh. Hassan, who was employed as labourer with the appellant, while unloading cement from the Truck fell down and suffered serious injuries to which he later on succumbed in the Government Medical College Hospital Jammu on 18.12.1999. Respondent No.1, mother of the deceased, filed a claim petition under Employees Compensation Act 1923 (for short „Act.) before the Commissioner at Doda. It was claimed that the deceased at the time of his death was unmarried and was being paid the wages of Rs.200/- per day. The age of the deceased was claimed to be 22/23 years. In response to the notice issued by the Commissioner, the appellant appeared and filed written objections denying the contents of the claim petition filed by respondent No.1. Respondent Nos. 2 and 3 despite having received summons failed to appear, therefore, set exparte. On the basis of the pleadings of the parties, the Commissioner framed the following issues:

(3.) Respondent No.1 in support of her claim, besides examining herself, examined Abdul Hamid, Mohd Iqbal, Khurshi Ahmed and Ved Raj. There was, however, no evidence led by the appellant in rebuttal. On the basis of the evidence brought on record and in absence of any evidence in rebuttal by the appellant, the Commissioner found issue No.1 proved in favour of respondent No.1 and against the appellant. The Commissioner found that respondent No.1 had fully established that the deceased had received personal injury culminated into his death which had arisen out of and in the course of his employment with the appellant. The Commissioner also found that the charges which the deceased was receiving at the time of accident were Rs.3000/- per month only. Taking the age of the deceased as 22 years, the Commissioner passed an award for a sum of Rs.3,32,000/- under Section 4 read with Schedule IV of the Act. The appellant was directed to deposit the awarded amount within a period of thirty days from the date of announcement of the award along with interest to be calculated @ 12% per annum from the date after one month of the date of accident till the date of deposit.