Sanjay Karol JUDGMENT
Sanjay Karol, J.
1. This appeal is filed at the instance of one Fulmati Dhramdev Yadav, assailing the judgment passed by the High Court of Gujarat at Ahmedabad in First Appeal No. 3487 of 2013 whereby the Court has set aside the order of the Commissioner for Workmen Compensation Act, Bhuj (Kutch), Gujarat in W.C.F.C. No. 08/10 awarding compensation in favour of legal representatives of the deceased employee.
2. Appellants herein1 are the mother and wife of one Ramakant Yadav2 who allegedly died on 31st October, 2009 as he was tying up logs on trailer while in employment as its driver, when one such log fell on his left leg. He died before any medical treatment could be given to him.
3. The deceased, allegedly, was an employee of Kutch Carrier (Sohansing & Sons3), drawing a salary of ` 4000 per month.
4. Such employment of the deceased was denied by the insurer for lack of production of documents of employment. Neither has any proof of income of the deceased been produced.
5. The claim of ` 3,94,120/- is denied in the above terms, by the Insurer-Respondents herein.
Order of the Commissioner
6. Feeling aggrieved by the denial of the claim, proceedings were initiated by the claimants herein before the Commissioner, Workmen Compensation Act, Bhuj (Kutch), Gujarat in terms of W.C.F.C. No. 08/10. The Commissioner framed 8 issues for consideration. The tabular representation below represents the issues framed, the reasoning thereon and the findings returned.
7. In terms of the above, the Insurer-New India Assurance Co. Ltd.4 was directed to pay as compensation ` 3,94,120/- with interest accruing thereupon from the date of the death of the deceased @9%. The same was to be paid within 30 days of the order. The employer was directed to pay ` 1,97,060/-, i.e., 50% of the compensation amount as penalty. Further, it was directed that the latter would pay ` 8000/- (with breakup of ` 3,000/- and ` 5,000/-) for expenses and funeral expenses, particularly.
8. Only the Insurer appealed against this order.
First Appeal-Impugned Judgment
9. It may be noted that during the pendency of the First Appeal, vide an order dated 25th June, 2014 passed in Civil Application No. 2822 of 2013 the Commissioner was directed to invest 80% of the amount that was deposited with such authority in cumulative fixed deposits for an initial period of three years, to be renewed from time to time and the remaining 20% to be disbursed to the claimants.
10. Having considered the evidence on record such as an abstract of the accidental death register of the Gandhigram "A" division police station, and the cross-examination of the claimant i.e., wife of the deceased, as well as the other documents produced, which, the learned Court concluded that the deceased was neither working with the employer nor on the date of the occurrence of the incident, received injuries and died,........