S.Narayan, J. - (1.)This is an appeal by the Appellant/Claim against the judgment award dated May 14, 1991 of the Court Commissioner for Workmen's Compensation, W.B., in claim case No. 566 of 1988. The award was passed for Rs. 43,382 as against a claim for Rs. 86,764 The claimant, being aggrieved of the quantum of compensation as per the award, has come up with the present appeal.
(2.)One Majaffer Ali Shek (Deceased, husband of the Claimant) was a driver of motor lorry., bearing Registration No. WBK-4390, under the Employment of the O.Ps./Respondents first party, who were the owner of the lorry. The O.Ps./Respondents first party were members of a partnership firm; and the lorry was used for running the business of the firm. The lorry had the coverage of an Insurance Policy under the insurer. New India Assurance Co. Ltd. i.e. O.P./ Respondent No. 2. It so happened that on January 7, 1988 at about 8.00 a.m. the aforesaid lorry, while being driven by the Claimant's husband, met a road accident near New Nabeen Palli, Diamond Harbour Road on being collided with a delux bus bearing No. WBS 5263. The Claimant's husband sustained some serious injuries in the accident and, ultimately, died. Thereupon, a claim for compensation was made before the Commissioner for Workmen's Compensation, Calcutta. It may be mentioned that the claimant asserted that her deceased husband was aged 35 years at the time of the accident and also that his monthly wages was amounting to Rs. 1,000/ i.e. @ Rs. 35 per day.
(3.)Both the O.Ps./Respondents parties contended the claim by filing separate written statements while contending inter-alia that the age of the deceased at the time of death was 35 years and his monthly salary was to the tune of only Rs. 500/-. It was further contended that the alleged accident was caused due to negligence of the other vehicle involved i.e. the bus No. WBS- 5263 belonging to Calcutta State Transport Bus.
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