ASSISTANT ENGINEER Vs. RUKMANI DEVI

JUDGEMENT

(1.) This civil misc. appeal has been filed against the judgment dated 02.09.2011, passed by the Employees' Compensation Commissioner, Jhunjhunu (hereinafter the Commissioner') whereby the respondents-claimants (hereinafter 'the claimants') as the legal representatives of the deceased Ramswaroop have been awarded compensation of Rs. 3,38,880/- along with interest @ 9% p.a. effective 20.01.2006 i.e. the date of filing of the claim petition till the date of payment as also penalty of Rs. 1,69,440/- under Section 4A(3)(b) of the Employees' Compensation Act, 1923 (hereinafter 'the Act of 1923').

(2.) Heard and perused the impugned judgment dated 02.09.2011, passed by the learned Commissioner.

(3.) It is an admitted fact that the deceased Ramswaroop was employed as a lineman with the appellant-Ajmer Discom, Bissau, District Jhunjhunu. It is also an admitted fact that while engaged in the aforesaid capacity, Ramswaroop was involved in an accident consequent to which he died on 05.11.2005. At the time of his death, the deceased Ramswaroop was earning Rs. 4,590/- p.m. and was aged about 45 years. Following Ramswaroop's death, his dependants i.e. Smt. Rukmani Devi, his widowed wife and his minor daughter Miss Sarita, filed a claim petition under Section 22 of the Act of 1923 claiming compensation as also penalty from his employer i.e. the appellant, Ajmer Discom for its failure to pay the compensation within 30 days of the death of Ramswaroop.