NEW INDIA ASSURANCE COMPANY LTD Vs. RANDHIR HARBANS SINGH AND OTHERS

JUDGEMENT

(1.) This appeal under section 30(1) of the Workmen's Compensation Act, 1923 has been filed against the order dated 5-5-2004 passed by the Court of Commissioner for Workmen Compensation, Labour Court, Indore in Case No. 50/2000 WCF.

(2.) The brief facts are that Jasbir Singh, Son of respondent No. 1 was employed with the respondent No. 6 as driver of Truck No. MP 09 KA 3613. Misc. Appeal No. 1622 of 2004 decided on 28-7-2010. (Indore) During the course of employment he had suffered accident on 12-10-1998 and had died, consequently the respondents No. 1 to 5 had filed the claim petition. The Commissioner passed the impugned award holding that the deceased was in the employment of the respondent No. 6 and he has died during the course of the employment. The Commissioner found that the vehicle was insured and the Insurance Company was liable to satisfy the award. The Commissioner found the age of the deceased at the time of the accident as 22 years and his wages at the time of accident was proved as Rs. 3,000/-. The Commissioner calculated the compensation by applying the factor of 221.37 in terms of Schedule-IV of the Act on 50% of the income assessed i.e. on Rs. 1,500/-.

(3.) This Court by order dated 9-7-2010 had admitted the appeal on the following substantial question of law :-