NEW INDIA ASSURANCE COMPANY LTD. Vs. SAJDA KHATOON
LAWS(JHAR)-2002-2-69
HIGH COURT OF JHARKHAND
Decided on February 13,2002

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Sajda Khatoon Respondents

JUDGEMENT

- (1.) ADMITTEDLY , Md. Karini was employed as cleaner on the truck (U.P. -13 -5655). On 6.7.1993 the said truck had a break -down on the way at G.T. Road near Barhi and the cleaner went inside the truck to push jack to lilt the truck. In the process of putting the jack it slipped, as a result of which the truck tell on him and he was crushed to death on spot.
(2.) WIDOW , parents, sons and daughters of the deceased filed Compensation Case No. 35 of 1993 for compensation under the provisions of Workmans Compensation Act. 1923 (hereinafter referred to as the Act). It was established that the deceased was employed as cleaner on the truck in question and in course of putting jack inside the said truck, the driver started it consequently jack slipped and in the said accident he died. He was 30 years old at the relevant time and was earning more than Rs. 1000/ - per month.
(3.) IN accordance with the provisions of Section 4 of the Act. Workman Compensation Commissioner calculated total sum of Rs. 90.835.25 paise including inherent to he paid to the claimants as compensation. Under Section 4 -A(3)(a) of the Act interest was granted @ 6% per annum for the period from 6.8.1993, i.e. one month either the occurrence till 12.12.1994, the date of award. The insurer of the truck was directed to indemnify the employers (insured) liability to pay the compensation amount.;


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