Manju Sarkar & Anr vs Mabish Miah & Ors

3. The facts in brief are stated as follows: Respondents 1 and 2 are the joint owners of the truck vehicle bearing Registration No.TR 01-B-1689 and they had taken policy of insurance for the said truck with respondent No.3. Sajal Sarkar, the husband of the appellant No.1 was driver of the said truck vehicle under the employment of respondents Nos.1 and 2 on 14.5.2005 and he drove the truck and reached Dharmanagar from Agartala and at that time he noticed some mechanical trouble in the truck and he got down to make arrangement for repair of the vehicle but on the intervening night of 14/15-5-2005 at about 1.00 – 1.30 a.m. he met with a road accident and sustained grievous injuries in Assam Agartala road in between S.T. Para and Kherengjuri under Churaibari Police Station limit and he was taken to Dharmanagar hospital where he succumbed to the injuries in the early hours on 15.5.2005. The helper of the truck Bikram Deb who was waiting in the truck, went in search of Sajal Sarkar in the morning on 15.5.2005 and after coming to know of the accident, he went to hospital and confirmed the death of driver Sajal Sarkar and thereafter went to Churaibari Police Station and gave a complaint on which a case under FIR No.28/05 for the alleged offences under Section 279 and 304 (A) IPC was registered. The appellant No.1 the widow along with appellant No.2, her minor daughter and appellant No.3, the mother-in-law, filed a suit under the Workmen’s Compensation Act, 1923 in T.S. W.C. 39 of 2005 before the Commissioner, Workmen’s Compensation, West Tripura at Agartala contending that Sajal Sarkar met with a road accident in the course of his employment under respondent Nos.1 and 2 resulting in his death and the respondents were liable to pay compensation of Rs. 7 lakhs along with interest as per the provisions of the Act. The Commissioner dismissed the suit on contest. The appellants challenged the same by filing appeal in MFA(WC) 03 of 2009 and the High Court dismissed the appeal. Aggrieved by the same the appellants have preferred the present appeal.

12. In the claim petition the appellants have stated that Sajal Sarkar at the time of death was aged about 22 years and used to get monthly wages of Rs. 4,500/- at the time of accident. The first appellant herein examined herself as PW1 in the trial and has reiterated the age and income of the deceased. Three documents were marked on her side. Her testimony deserves acceptance. As per Section 4 clause 1(a) of the Act where death results from the injury, 50% of the monthly wages of the deceased multiplied by the relevant factor would be the amount of compensation. In the present case the compensation would be a sum of Rs.2250 being 50% of the monthly wages multiplied by factor 221.37, which comes to Rs.4,98,082.50 and a further sum of Rs.10,000/- could be awarded towards funeral expenses as per Section 4 Clause (4). In the circumstances of the case we deem it just and proper to award interest at the rate of 9% per annum on the compensation from the date of claim petition.

14. In the result the appeal is allowed and the judgment and order of the Courts below are set aside and the claim petition is allowed and there shall be a Decree directing the respondents to pay a sum of Rs.5,08,082.50 as compensation together with interest at the rate of 9 per cent per annum from the date of claim petition with costs.

June 30, 2014