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Delhi District Court orders compensation for wife of deceased disabled man killed on duty

Date : 17/05/2013


Babita Kumari versus S.D.O. E & M, Ordinance Depot.

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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