KAMLA DEVI Vs. DEVARAM

JUDGEMENT

(1.) The instant appeal for enhancement of compensation, has been preferred by the claimant/appellants under Sec. 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as the 'Act') against the judgment dated 5.2.2016 passed by Commissioner, Employees Compensation Act, Sikar (hereinafter referred to as the 'Commissioner) in WCCF/05/2014, whereby the learned Commissioner passed an award of Rs. 7,69,825.00 along with interest @ 12% per annum from the date of accident, in favour of the claimant/appellants.

(2.) Skeletal material facts necessary for disposal of this appeal are that a claim petition was filed by the claimant/appellants under the provisions of the Act for getting amount of compensation of Rs. 8,89,800.00 along with 18% interest per annum on account of death of Prabhuram in an incident. It was averred in the petition that the deceased-Prabhuram was employed as Cleaner of Vehicle bearing Registration No.RJ-21-EA-362 and the said vehicle was owned by respondent No. 1 and insured by respondent No. It was also averred that on 18.6.2013, the deceased Prabhuram was going in the aforesaid vehicle in the capacity of Cleaner along with two other persons from Kalyansar towards Dusarna Bada. The said vehicle was driven rashly and negligently by its driver Parsaram. When the vehicle reached near village Dusarna, one electric wire got hit with Prabhuram and due to which he was electrocuted. The deceased Prabhuram was taken to PBM Hospital, Bikaner, where he was declared dead. The respondent/non claimants No. 1 & 2 filed reply to the claim petition.

(3.) On the basis of pleadings of the parties, the learned Commissioner framed necessary five issues.