RAY, J, J. ( 1 ) THIS is an appeal from an Award of total refusal passed by the Commissioner of Compensation for Workmen. ( 2 ) THE claimant was the widow of a deceased khalasi, Binode Das. The claim was disallowed on certain findings of fact. The wife said that her mother-in-law was dead but the driver of the bus said that she was alive. The wife also said that her husband used to draw Rs. 1850/- per month but the owner of the bus came and said that he was also provided with food by him. The age of the deceased according to the Commissioner was not proved to be 30. ( 3 ) GREAT emphasis was also laid by the Commissioner on the nonpayment of professional tax by the owner of the bus. ( 4 ) BECAUSE of these discrepancies, the claim was totally dismissed and several important issues were left undetermined. ( 5 ) ALTHOUGH the appeal is maintainable only on a substantial question of law, a judgment like the one under appeal is perverse because it lays unwarranted emphasis on stray points, and is, therefore, liable to be corrected in law. ( 6 ) THERE was no denial really that the deceased was as a khalasi; that he died was equally certain; the post-mortem report gave his age as 30; his wife at the time of giving evidence was 25. Nobody said he drew anything less than Rs. 1850v- per month. The payment of professional tax by the owner of the bus is an extraneous and immaterial consideration. ( 7 ) ON the basis of the schedule and the monthly pay of Rs. 1850/-the claimed amount of Rs. 192381/- is a matter of. . . . . arithmetic. Thus, the order under appeal is set aside. The claim for compensation made by the widow is allowed. There is no proof that she was not dependent on her husband or that her father-in-law provided anything to her. There shall be an Award for the said principal sum of Rs. 192381/-and interest at the rate of 6% per annum from the date of the accident (18th April, 1986) until payment.
There is no proof that she was not dependent on her husband or that her father-in-law provided anything to her. There shall be an Award for the said principal sum of Rs. 192381/-and interest at the rate of 6% per annum from the date of the accident (18th April, 1986) until payment. The dues be paid by the Insurance Company within a period of three months from the date hereof, in default of which the rate of interest shall be 12% per annum from the date of accident till payment. Money be paid to the learned Advocate-on-Record, Mr. Subir Banerjee of 9, Old Post office Street; Cheque be drawn in the favour name of the claimant. Let xerox certified copy of this judgment be made available to the learned Advocates appearing for the parties. Dutt, J. , I agree.