ARIHANT ENGINEERING INDUSTRIES Vs. SARITA SRIVASTAVA

JUDGEMENT

(1.) The appellant Arihant Engineering Industries had come up in the Misc. Appeal against the order dated 29.4.2000 passed by the Commissioner, Workmen's Compensation, Ajmer, the authorised Authority under the Workmen's Compensation Act.

(2.) The Authority had passed an order on the claim filed by Sarita Srivastava, wife of Late Suresh Chand Srivastava who was a workman with the appellant. Late Srivastava (hereinafter called the workman) died while on duty when a stone flew from grinding machine, had hit him. The workman had died at the spot. The claim application was filed. The claim application was resisted by the present appellant on number of grounds even to the fact that he was not a workman as he was working only on daily wages or that he was a Beldar or that he was a temporary person. The claimant had even opposed the claim by saying that he has not suffered the injury during the course of employment. An FIR was also recorded and information was given to the Collector about the accident.

(3.) The Authority had held that the deceased was a workman under Section 2(1)(n) of the Workmen's Compensation Act and had died during the course of his employment in the accident as stated. Vide impugned order compensation was awarded to the extent of Rs. 1,14,056/- with interest of Rs. 13,686/-. A penalty of Rs. 57,028/- was also imposed i.e. a total amount of Rs. 1,84,770/- was provided as compensation.