M.Y.Eqbal, V. Narayan, JJ. - (1.) This appeal under section 30 of the Workmen's Compensation Act is directed against the order dated 30.9.2002 passed by the Presiding Officer-cum-Commissioner for Workmen's Compensation, Labour Court, Hazaribagh in W.C. Case No. 2 of 2000 whereby he has allowed a total compensation of Rs. 80,000 (rupees eighty thousand) on the application filed by respondent No. 1 on account of death of his father.
(2.) A claim case was filed by the applicant/respondent No. 1 under Workmen's Compensation Act, 1923 (in short 'the said Act') for the grant of compensation on account of accidental death of his father Ram Bali Chaurasiya, an employee employed under appellant Central Coalfields Ltd., Hazaribagh.
(3.) The brief facts of the case are that the deceased Ram Bali Chaurasiya was working as labourer in Giddi 'A' Colliery of the then N.C.D.C. which was subsequently merged in Central Coalfields Ltd. On 6.7.1968 while his father had been on his duty inside the coal mines, due to fall of heavy pieces of coal, he died inside the mines. The case of the claimant was that at the time of accidental death of his father he was in the womb of his mother Jiramani Devi and just after one month of death of his father claimant was born. But unfortunately when he was aged about 5 years his mother Jiramani Devi solemnized her second marriage and she started living with her second husband. The claimant's further case was that he was brought by his maternal uncle and when he became major, gave a notice to the opposite party for payment of compensation on account of accidental death of his father. When the compensation amount was not paid to him, he filed a claim case in the court of Workmen's Compensation Commissioner, Hazaribagh. In 2000, when the claimant filed the instant application, he was aged about 32 years.;