PAREMESHWARI DEVI Vs. MOHAMMAD ARIF KHAN

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and award dtd. 30/8/2005 passed by the learned Workmen Compensation Commissioner, Sikar (for short 'the learned Commissioner') in Claim Case No.W.C.A.F./15/2004 & W.C.A.F./18/2004, titled as "Parmeshwari & Ors. Vs. Mohd. Arif & Anr.", whereby the learned Commissioner while partly allowing the claim petition, has awarded a sum of Rs.3,76,740.00 along with interest @ 9% per annum from the date of knowledge i.e. 11/5/2004 as compensation in favour of the claimants-appellants (for short 'the claimants'). The Commissioner has also awarded Rs.2500.00 as funeral expenses.

(2.) CMA No.3289/2005-Learned counsel for the claimants submits that the learned Commissioner wrongly assessed the income of the deceased as Rs.3,500.00 per month. Learned counsel for the claimants also submits that claimant No.1 stated on oath that her husband was earning Rs.4,000.00 per month by driving.

(3.) Learned counsel for the claimants also submits that learned Commissioner has not awarded a single penny in the head of mental agony, loss of consortium etc. So, the judgment and award passed by the learned Commissioner be modified accordingly. CMA No.2992/2005-learned counsel for the claimantChuki Devi submits that learned Commissioner wrongly disallowed the claim petition of the claimant. Learned counsel for the claimant-Chuki Devi also submits that claimant was dependent on deceased. So, claimant is entitled to get compensation. So, the judgment and award passed by the learned Commissioner be modified and claimant be also awarded the amount compensation on the death of Kurda Ram.