- (1.) JUDGMENT Admittedly, Md., Rafique Ansari, son of Salamuddin, respondent no. 1, was employed as Khalasi on a trekker, bearing registration no. BHM 236, which belonged to Manoj Sah, respondent no. 2.
(2.) ON 10.6.1984, Md. Rafique Ansari was on his duty on said trekker, which was coming from Sirka to Dhanbad. On the way at Argara Check Post, he fell down from the trekker and sustained head injury and died. His father Salamuddin filed an application for compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act'). According to him his deceased son was 16 year's old and was getting salary of Rs. 850/ - per month. On the basis of materials on record, the Presiding Officer, Labour Court, Hazaribagh, assessed age of the deceased at 19 years and his earnings at Rs. 800/per month and thus calculated a sum of Rs. 70,070.40 paise as compensation payable under the Act.
(3.) SINCE the trekker in question was insured with Oriental Insurance Company Limited at the relevant time the Insurer was directed to pay the said compensation amount to the claimant.;