PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT Vs. NARMAYA DAS

JUDGEMENT

(1.) THIS appeal is directed against the award/order dated August 23, 2002 passed by learned Commissioner for Workmen 's Compensation, Sikkim at Gangtok in Miscellaneous Case No.5 of 2002, Smt. Narmaya Das v. Secretary, SNT.

(2.) THE brief facts of the case as set out in the memo of appeal are that the deceased Kamal Mani Das was a member of the Sikkim State Mechanical Engineering Service holding the post of an Assistant Engineer (Mechanical) under the Transport Department (SNT Division) of the Government of Sikkim. On January 29, 2001, while returning after completion of his official work he met with an accident at a place called Lower Martam and died. Upon his death his mother Smt. Narmaya Das, the respondent herein was paid Death -cum -Retirement Gratuity (in short DCRG) amounting to Rs. 97,500/ -, leave Encashment of Rs. 87,366/ -and an amount ,of Rs.61,132/ - under General Insurance Scheme (in short GIS). However, after receiving these payments the respondent filed an application before the learned Commissioner for Workmen 's Compensation, Sikkim at Gangtok on August 29, 2001 claiming payment of Workmen 's Compensation. On the basis of the application so filed, the learned Commissioner for Workmen 's Compensation granted death compensation amounting to Rs. 4,19,850/ -. Aggrieved by this order, the appellant -department has come up in the present appeal.

(3.) MR . J.B. Pradhan, learned Government Advocate assisted by Mr. Karma Thinley, learned Government Advocate for the petitioner - department and Mr. S. S. Hamal assisted by Mr. N.T. Bhutia, learned counsel for the respondent were heard.