UNITED INDIA INSURANCE CO LTD Vs. SHAHJAD KHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties. This appeal has been filed under section 30 of the Workmen's Compensation Act, 1923 against the order dated 23.11.1993 passed by the Commissioner, Workmen's Compensation, Sirohi in W.C. Case No. 22 of 1992. By the aforesaid order, the Commissioner made an award of Rs. 87,980 and further awarded penalty at the rate of 15 per cent and interest on the principal amount.

(2.) The facts of the case may be briefly summarised as below: Respondent Shahjad Khan, Yusuf and Latif filed a claim against the appellant United India Insurance Co. Ltd., Divisional Office, Jodhpur and Mehrab Khan (respondent No. 5). Respondent Nos. 1 to 4 prayed that a compensation of Rs. 87,980 be awarded along with 15 per cent penalty and 18 per cent interest on the amount of compensation. According to the averments made in their application dated 23.4.1991, Nasir Khan s/o Shahjad Khan was in the employment of Mehrab Khan, respondent No. 5 as a driver. He used to drive truck No. RJW 4221 belonging to the respondent No. 5. On 7.11.1990 Nasir Khan was working as a driver on the above mentioned truck. He took the truck to the Belka Mines, with the object of unloading the truck at the yard. Because of the dislocation of soil, the truck fell in the pit. Nasir Khan received serious injuries and on account of the injuries received by him, he expired. On the date of his death, he was getting salary at the rate of Rs. 1,200 per month. The truck, which Nasir Khan was driving belongs to Mehrab Khan, respondent No. 5 and the appellant United India Insurance Co. Ltd. had insured the truck and a policy of insurance was in force during the period from 14.11.89 to 13.11.1990. The age of Nasir Khan on the date of his death was 23 and half years as his date of birth was 6.6.1967. The respondent No. 1 is the father of Nasir Khan. Respondent No. 2 is the mother of Nasir Khan and respondent Nos. 3 and 4, both are the sons of Shahjad Khan.

(3.) Mehrab Khan, respondent No. 5, submitted his reply on 8.12.1992. In his reply Mehrab Khan admitted the claim.