MANJU RANI DAS Vs. DILIP KUMAR KAR

JUDGEMENT

(1.) THIS appeal by the claimant has been filed against the award dated 05 -05 -2009 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. T.S. (WC) 25 of 2006 and in this appeal mainly two claims have been made:

(2.) AS far as the first point is concerned, the claimant had filed the school transfer certificate of the deceased Sumal Das which showed that his date of birth was 05 -01 -1978 which would mean that he had only completed 28 years of age as on 22 -08 -2006, the date of accident. Therefore, it is held that the age of the deceased was 28 years, and not 35 years.

(3.) SRI Pramath Nath, the attorney of defendant No. 1, the owner of the vehicle, stepped into the witness box and stated that the deceased was only a casual labourer and not appointed on permanent basis. According to him, the deceased was not a permanent employee. No question was put in cross -examination to this witness with regard to the income or the tiffin allowance. There is no cross -examination whatsoever on behalf of the claimant to this witness.