SUMITRA DEVI Vs. SACHIDA NAND BHADANI

JUDGEMENT

(1.) The claimant/appellant has preferred this appeal against the judgment dated 14.09.2013 passed by the Presiding Officer, Labour Court at Deoghar in W.C. Case No. 50 of 2011 whereby and whereunder an amount of R.4,16,000/ - has been assessed as the just compensation and the United India Insurance Co. Ltd. - the present opposite party no.3, has been directed to pay the compensation amount within a month and if the amount is not paid within the stipulated period, the Insurance Company will be liable to pay interest @ 12 % per annum from the date till its realisation.

(2.) The appellant's husband Gopal Turi died in an accident working as Khalasi -cum - Cleaner on Oil Tanker no. JH -10J -8661 under the employer Sachida Kumar Bhadani. On the fateful day i.e. on 29.05.2009, on the instruction of his employer Sachida Kumar Bhadani, the deceased along with the driver of the said tanker Shyam Lal Manjhi were going towards Haldia and on 02.06.2009 when the tanker reached at Junglepur at 12.00 a.m., they took road challan and cash and when their tanker crossed Dankuni toll tax station at NH -2 and almost proceeded for 20 -25 kilometers, one empty L.P. Truck obstructed the tanker and four persons came out from the said empty L.P. Truck and forcibly took the tanker in their possession and assaulted the driver and the deceased Khalasi and also compelled the driver and Khalasi to take some liquids and after taking the liquids, they became unconscious. The Khalasi i.e. the husband of the informant, died instantaneously in the said truck itself. Since the Khalasi died during course of the employment of his employer, this claim case was filed under the E.C. Act. After the said accident and death of Khalasi, Dadpur (Hoogli) P.S. Case no. 81 of 2009 was instituted on the fardbeyan of the driver Shyam Lal Manjhi and the police seized the documents of the truck and the dead body of the husband of the claimant was sent for postmortem whereafter the doctor found the cause of death as severe intro -peritoneal bleeding due to rupture of liver and lumps.

(3.) After notice by the court below, the owner of the vehicle appeared and filed written statement admitting the deceased Khalasi as his employee and the fact that the monthly salary of the deceased was Rs.4,500/ - per month and he was also getting Rs.50/ - per day as Khuraki (food allowance) and the vehicle in question i.e. oil tanker was insured with United India Insurance Co. Ltd. and the Insurance Co. is liable to indemnify and pay compensation.