High CourtsDivision Bench(2002) 02 JH CK 0062

New India Assurance Company Ltd. vs Sajda Khatoon and Others

Jharkhand High Court · Decided on 13 February 2002

HON’BLE JUDGES
Hari Shankar Prasad, J · Gurusharan Sharma, J
RESULT
Dismissed
CASE NUMBER
Appeal from Original Order No. 37 of 1995 (R)

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 258 words
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 Workman''s Compensation Act. 1923 (hereinafter referred to as ''the Act'').

3.

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.

4.

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. u/s 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 employer''s (insured) liability to pay the compensation amount.

5.

We find no reason to interfere with the impugned judgment and award. This appeal is dismissed, but without costs.