JUDGEMENT
-
(1.) Heard the learned counsel for the appellant, learned counsel for respondent no.6 and learned counsel for respondent nos. 1 to 5.
(2.) The appellant, who is opposite party no.2 in W.C. Case No. 08 of 2014 is aggrieved of order dated 26.4.2016 passed by the learned Presiding Officer, Labour Court, Ranchi by which the tribunal directed the opposite party no.2 to pay compensation of Rs 7,69,283.00 within 60 days from passing of the order failing which the amount will carry interest @ 12% per annum till the realization.
(3.) The W.C. Case No.08 of 2014 was instituted under Section 4 (A) of The Employees Compensation Act, 1923 (hereinafter referred to as Act) by wife, minor sons and mother of deceased Balchand Sahu who was driver of the tempo bearing registration no. JH01AQ- 5036. Balchand Sahu was employed with respondent no.6, Raju Sahu as driver and he was getting Rs.6000/- per month from his work and Rs 50/- per day as "Khuraki" from respondent no.6. On 21.1.2014 at about 10.30 am Balchand Sahu was driving the above tempo and he was going to Nagri Bazar from Bhooro. When he reached near power Grid situated within Bero P.S., then the aforesaid tempo met with an accident and the driver Balchand Sahu received grievous injury and he was taken to Nagri Hospital, Ranchi for treatment, but on the way he died. He died during course of his employment working under the respondent no.6. That a criminal case was registered with respect to the above accident which was numbered as Bero P.S. Case no. 10 of 2014, corresponding to G.R.no. 516 of 2014 for the offence punishable under Section 279 and 304A of the Indian Penal Code. The deceased at the time of death was 39 years old and claimants are the only legal heirs and successors of the deceased who are fully dependent upon the earning of the deceased and due to sudden death of Balchand Sahu claimants are facing a lot of economic problem to maintain themselves. The offending vehicle in question was insured with the appellant vide Policy No. 332204/31/2014/4813 which was valid from 13.12.2013 to 12.12.2014. The notice of accident was given to respondent no.6 but matter was not settled and lastly claimants were compelled to file aforesaid claim case for lump sum payment of Rs. 7,00,000/- as compensation as well as Rs 5,000/- as medical, funeral expenses and interest thereon.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.