UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOHD. SADIQ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the insurance company, which is Opposite Party No.2, in W.C.No.12 of 2003 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Adilabad challenging the award passed therein dt.3/5/2005.

(2.) The brief facts leading to filing of this Appeal are that respondents 1 and 2 herein are the parents/dependents of the deceased Mohd. Rafiq who died in a motor vehicle accident which took place on 27/4/2003 at 5.00 AM near Boyapally Village under Tandur Police Station limits, Adilabad District. The deceased was aged about 22 years and was employed as Cleaner on vehicle bearing No.APIU/2469 of Opposite Party No.1 which was involved in the accident and his monthly wages were Rs.3,500.00. The applicants prayed to the Commissioner to award Rs.4,00,000.00 as compensation for the death of their son from the Opposite Parties along with interest at 12% per annum and costs.

(3.) The Commissioner held that the deceased was an employee of the owner of the vehicle (Opposite Party No.2) and also that the accident occurred during the course of his employment. As regards the wages, as against Rs.3,500.00 claimed by the claimants to be the monthly wages of the deceased, the Commissioner has considered the eligible salary of the deceased to be at Rs.2,181.00 per month, which was the minimum rates of wages fixed by the Government in G.O.Ms.No.30 dt.27/7/2000 as on the date of the accident. Taking into account the age of the deceased as 22 years, the Commissioner awarded the compensation at Rs.2,41,515.00 and directed the respondents to pay interest at the rate of 9% per annum to be calculated after 30 days of the accident till the date of deposit of the compensation.