MEHAR DAIRY INDUSTRIES Vs. CHAMBALI AND OTHERS.

JUDGEMENT

(1.) This writ petition came up before this Court on an application filed by respondent Nos. 1 and 2 under Art. 226 of the Constitution of India for vacation of stay order passed on 17th Aug., 2004. But, with the consent of parties, the matter has been finally heard. The petitioner has challenged award dated 8th Dec., 2003 (Annexure-5) passed by the Commissioner under Workmen's Compensation Act, 1923 (for short "Compensation Act"), whereby compensation for a sum of Rs. 2,98,526 has been awarded with interest @ 12% p.a. from 23rd Jan., 2003 the date of presentation of claim petition, and has also challenged order dated 10th June, 2004 (Annexure 8), whereby application filed by the petitioner under Order 9 Rule 13, C.P.C., has been rejected by the prescribed authority.

(2.) Respondent Nos. 1 and 2 (wife and son of deceased workman Sallah Khan) filed claim petition before the Commissioner under the Compensation Act for compensation in respect of death of Sallah Khan, who was working on daily wages basis @ Rs. 150 and was engaged for white-wash of the factory premises by the petitioner along with Chunnilal and Shambhu Singh.

(3.) It was stated in the claim petition that deceased workman was 50 years of age and getting monthly salary of Rs. 3,900 and on 10th Dec., 2002 while he was engaged in the work of white-wash of factory premises of the petitioner and despite all precautions, one of wooden pillars was broken and the deceased workman thereby fell down while he was working, and sustained serious injuries, so he was immediately hospitalised in General Hospital at Alwar and wherefrom he was referred to S.M.S. Hospital, Jaipur but he died there.