SHAHAJAHAN Vs. SHRIRAM GENERAL INS. CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order passed by the High Court of Delhi on 28.05.2018, whereby an appeal under Sec. 30 of the Employees Compensation Act, 1923 was allowed and the Award of compensation by the Commissioner of Rs.4,48,000/- along with a simple interest at the rate of 12% from 15.08.2009 was set aside. As per the appellants, the deceased was the second driver on a vehicle owned by Respondent No.2. The main driver was Kala, son of Shaukat Ali. It was on 15.07.2009, the truck owned by Respondent No. 2, met with an accident in which one Abrar lost his life.

(3.) Before the Commissioner, the claimants examined mother of the deceased Shahajahan (AW1) and Sarfraj (AW2), brother of the deceased. The witnesses produced by the appellants were cross-examined, but no incriminating circumstances came into light. In fact not even a suggestion was put to the two witnesses examined by the claimants that Abrar was not the driver working with the owner. The owner of the vehicle - Gulshan Kumar, appeared as his own witness. He admitted that he had employed two drivers and two conductors on the trucks owned by him. It was further admitted by the owner that Kala, who was said to have been engaged by him, did not receive any injury, though the truck overturned. It goes to show that in fact, Abrar was the Driver, who was driving the truck at the time of accident which led to his death while he was engaged by the owner. After appreciating the evidence led by the appellants, the Commissioner allowed the petition and awarded a sum of Rs. 4,48,000/-.