The Petitioner Babita
Kumari is a widow of late Richpal singh, a workman who was employed by S.D.O.E
& M, Ordinance Depot, Shakur Basti, Delhi. While working at ordinance depot
Shakur Basti, he was assigned work with an electrician on 25th October 2002 and
asked by the electrician to go up on the pole to attend something which was
beyond the scope of duty of Richpal Singh. As a result he got electrocuted
while working and fell down the pole and died on spot. Richpal Singh was deaf
and dumb person and his average monthly wages amounted to Rs. 4500.
Notice of death of the
deceased was not served on time due to the fact that applicant is physically
disabled person and is certified to be 50% and permanently disabled. Petitioner
is a poor lady with two dependent and was dependent on the deceased for her
survival. After the death of the deceased she wanted to file a claim for
compensation with S.D.O.E & M, ordinance depot and also wanted to pursue
the criminal complaint against the employee. But she was told that if she
claimed compensation and pursued criminal prosecution then the Petitioner would
not be given compassionate appointment in place of her husband and therefore
she did not pursue the same. But even after 4 years and 3 months of the husband
death the Petitioner was not given compassionate appointment in place of her
husband. The applicant was entitled to receive a lump sum payment of Rs.
3,70,840.00 multiplied by 18417 (relevant factor under Schedule IV of the
Workmen’s Compensation Act) + 2500 (towards expenditure on funeral of the
Workman under Section 4(4) of the Workmen’s Compensation Act, 1923).
Now, the Honorable
District Court of Delhi has given its judgment, to compensate the Petitioner
and directed as follows:
In the given age and
wage, the petitioner is entitles to death compensation of Rs. 3, 68,340/-.The
applicant is also entitled to as per Section 4 A interest @12% per annum from
the date 30 days after the accident, i.e. 25.11.2002 till realization. She is
also entitled for funeral charges of Rs. 2500/-. In order accordingly for the
payment of interest.
Respondent is directed to
deposit the amount of death compensation along with interest and funeral
charges with this court within 30 days from the date of this order failing
which the same shall be recovered by way of land revenue.
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