SHANTI SING Vs. SACHIV, VIJAY JALKSHATRIYA PRATHMIK MACCHUA SAHKARI SAMITI

JUDGEMENT

(1.) These appeals arising out of a common award, therefore, they are being heard analogously and disposed of with a common order.

(2.) Challenge in these appeals under Sec. 30 of the Employees Compensation Act, 1923 (for short Act of 1923) is an order/award dtd. 11/9/2014 passed in Case No. 19/ W.C.Act/2012 (Fatal) passed by learned Commissioner, Employee's Compensation Act, Labour Court No.1, Raipur, District- Raipur (CG). By the impugned order/award, the learned Commissioner was pleased to award Rs.4,07,700.00 as compensation to the claimant with interest @ 12% from 28/4/2010. Parties are referred to their status before the learned commissioner.

(3.) The claimant had filed an application under Ss. 4, 10 and 22 of the Act of 1923 on account of death of his son deceased Bablu @ Parmatma who died during the course of employment with original respondent No.1/Employer. As per claim application, the claimant is the mother and respondent No.1 was the employer of the deceased. Respondent No.1/employer took the Telibandha Pond on lease and does the work of rearing, producing and selling fish. Telibandha pond is the property of original respondent No.2/Municipal Corporation and an agreement was also executed for that purposes. The deceased Bablu @ Parmatma was employed as a Watchman in Telibandha Pond. On 27/3/2010 while working as a watchman in Telibandha Pond, he suddenly got electrocuted due to which he fell into the pond and drowned. As a result, he died on the spot. The accident was reported in Police Station Telibhandha on the same day. At the time of the accident, the age of deceased Bablu @ Parmatma was 32 years and monthly wage was Rs.4000.00. The claimant was dependent on the deceased and the compensation on account of the death of the deceased has not been paid to her by original respondents. Hence she claimed total compensation of Rs.4,12,700.00 jointly and severally from the original respondents and she is also entitled to receive 12% interest and 50% penalty.