- (1.) Harpal Singh (deceased-workman) was admittedly working as Senior Supervisor and was also performing the duties of Security Guard with the appellant. He was earning Rs. 3,500/- per month from this employment. Harpal Singh as Senior Supervisor was responsible for loading and unloading of food grains from the goods trains. He was on duty at Sub Station at Patti on 2.4.2008 and at the relevant time he was going on scooter bearing registration No. PB-02Q-1872 in connection with the work of the appellant and in the way near Chusalwar Morh he met with an accident and succumbed to his injuries in the hospital. He died during the course of his employment. The report in this regard was registered with Police Station bearing FIR No. 5 dated 3.4.2008. Rajwant Kaur (widow), Sukhwinder Singh (son) and Harman Preet Kaur (daughter) respectively of Harpal Singh (respondents No. 1 to 3) (hereinafter referred to as 'the claimants') filed the claim petition on 31.3.2009 before the Commissioner under the Workmen's Compensation Act, 1923, Amritsar-3 (hereinafter referred to as 'the Commissioner') against the appellant and respondents No. 4 and 5. The Commissioner vide award dated 31.1.2011 awarded compensation of Rs. 2,92,297/- to the claimants from the employer i.e. the appellant. It was ordered by the Commissioner that the claimants would also be entitled to simple interest at the rate of 12 per cent per annum on the amount of compensation from 45 days from the date of accident till its realization. The Commissioner further ordered that if the amount of compensation along with interest accrued is not deposited within 45 days of the award, then the rate of interest shall be 15 per cent per annum. The employer (appellant) has filed this appeal to challenge the award dated 31.1.2011 passed by the Commissioner.
(2.) The case of the claimants is that the workman-Harpal Singh on the directions of his employer was going on scooter when he met with an accident and died and, on the other hand, the employer's case is that the workman was going with his brother Jarnail Singh and met with a fatal accident. Before the Commissioner, Ashwani Kumar (appellant) appeared as his own witness as RW-1 and stated that on 2.4.2008 at 10.00 p.m. deceased Harpal Singh (deceased) was going to home with his brother Jarnail Singh on a scooter and met with a fatal accident and he did not die during the course of his employment but he admitted in his crossexamination that arrival and departure of goods trains may be late from fixed time and the deceased was responsible for loading and unloading of the goods from the goods trains.
(3.) I have heard Mr. Vaneet Soni, Advocate appearing for the appellant and Mr. P.B.S. Goraya, Advocate appearing for the respondents and have gone through the records of the case.;