NATIONAL INSURANCE CO LTD Vs. BULAKI RAM

JUDGEMENT

(1.) Admittedly, Bhola Ram alias Bangali Ram was employed as a khalasi on the vehicle bearing registration No. BR 13-B 0037, which was owned by late Madan Lal Jain. He died leaving behind a widow Tara Devi and a son, Vikas Jain. In the claim application filed under Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act') for compensation, the claimant Bulaki Ram named Tara Devi, wife of Madan Lal Jain, as owner of the vehicle and impleaded her as party. Her son Vikas Jain thereafter appeared and contended that he was the owner of the vehicle and not his mother, Tara Devi. As such the name of Tara Devi was deleted and in her place Vikas Jain was impleaded as owner of the vehicle.

(2.) In his written statement, Vikas Jain had admitted employment of the deceased as khalasi of the vehicle in question and according to him the deceased was just 22 years old and was drawing a salary of Rs. 1,500 per month. According to the claimant no doubt the deceased was 22 years old at the time of the accident but he was getting Rs. 2,400 per month as salary. However, no documentary evidence was produced by either party in support of the monthly salary of the deceased khalasi.

(3.) The court below, therefore, assessed the monthly salary of the deceased khalasi at Rs. 1,680 in accordance with Minimum Wages Act and calculated the total amount of Rs. 1,85,950 payable as compensation under the Act.