JUGAL KISHOR RAY Vs. ASHOK PRASAD YADAV

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent No.2. Inspite of valid service of notice none appears on behalf of respondent No.1

(2.) The present miscellaneous appeal has been preferred under Sec. 30 of the Employee's Compensation Act, 1923 assailing the judgment/award dtd. 29/2/2020 passed in E.C. Case No.14 of 2016 by the court of Sri Rajendra Bahadur Pal, learned Presiding Officer, Labour Court-cum-Commissioner, Deoghar under Employee's Compensation Act, 1923, , whereby and whereunder learned court below has awarded amount of compensation without any interest which is mandatory under Sec. 4(A) of Workmen's(Employee's) Compensation Act, 1923.

(3.) Factual background of the case in a narrow campus is that one Lakhan Ray(deceased) was employed as driver of tractor bearing Reg. No.JH-17D-9017 attached with Trolley No. JH-11D9018 owned by respondent No.1-Ashok Prasad Yadav. On 28/1/2009 while Lakhan Ray was employed as driver by the respondent No.1 for transportation of cement and iron rods loaded on trolley and in the course of employment, he met with an accident near Panchsalvey Forest area and died. In this connection, Tisri P.S. Case No.03 of 2009 was registered and after investigation charge-sheet was submitted, but no compensation amount was given to the legal heirs and dependents of the deceased by the employer within statutory time period. Hence, the case was instituted under the provision of Workmen's Compensation Act, 1923 before the presiding officer labour courtcum-commissioner under the said Act. The case of the appellant is that the age of deceased was 35 years and he was earning Rs.6,000.00 per month salary along with Rs.50.00 per day towards diet expenses. It is further alleged that Rs.8.00 lakhs was claimed as compensation and Rs.25,000.00 for cremation along with interest @ 12 % per annum from the date of accident.