SMT. RAIWANTABAI Vs. NAGPUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal, which is directed against the judgment and order dated 24.07.2003, passed by Commissioner under Works men Compensation Act and the Labour Court, Nagpur in W.C.A. Case No.43/1997 raises a very short question for consideration.

(2.) The appeal is preferred by the legal heir of deceased Ramdas Sardare, who was working with respondent as a Drainage Kuli (cleaner). He was getting the salary of Rs. 2940.00per month. At the time of his death, he was running the age of 67 years. His accidental death took place on 11.03.1996 at about 09:30 a.m. during the course of employment while he was performing his duty of Sweeper behind Saint Johns High School, Nagpur.

(3.) The appellant is the widow of the deceased therefore, she has filed the claim petition before the Commissioner.Works men Compensation, seeking compensation of Rs. 1,28,330.00. In support of her case, she examined herself and on appreciation of her evidence, the Commissioner allowed her application. After making the necessary calculation to which the appellant can become entitled, it was held by the Commissioner that she could be entitled for Rs. 1,88,645.00towards compensation. However, in para 18 of its judgment, the learned Commissioner held that as she is demanding the compensation of Rs. 1,28,330.00, she will be entitled to that much amount only and not more. Accordingly, respondent was directed to pay the appellant the amount of Rs. 1,28,330.00only.