M.Y.EQBAL,J. - (1.) THE question arises for consideration is as to what amount the claimant is entitled in the event of death of an employee of Bihar State Electricity Board, who met fatal accident arising out of and in the course of employment.
(2.) IN the instant case the husband of the petitioner was a permanent employee of the Board and was working as Switch Board Operator in the District of Hazaribagh. He died at the age of 44 years while on duty and at the time of his death his monthly salary was Rs. 2645/-. The petitioner was paid cash payment of Rs. 70,216/- only as compensation under Section 4A(3) of the Workmen Compensation Act, 1923. The petitioner was also paid a sum of Rs. 14,767/- as gratuity. The grievance of the petitioner is that she is entitled to cash payment of Rs. 2.00 lakhs as compensation under the scheme framed by the Board and also family pension in accordance with the rules. A counter-affidavit has been filed on behalf of the Board, wherein the death of the employee in harness on account of accident on 6.3.1990 has been admitted. It is stated that the Board has framed a scheme under which an employee drawing basic pay upto Rs. 1600/- per month would be entitled to a sum of Rs. 1.00 lakh as compensation and if the deceased-employee was drawing basic pay of more than Rs. 1600/- per month then the dependent will get Rs. 2.00 lakhs as cash relief, which shall be inclusive of compensation payable under the Workmen Compensation Act. However, it is stated that since the petitioner never applied for the payment of compensation in proper proforma within the stipulated period, her claim became barred by limitation.
(3.) I have heard Mr. A.K. Sahani, learned counsel for the petitioner and Mrs. I. Sen Choudhary, learned counsel for the respondent-Board.;