DARIYAO KANWAR Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) The judgment passed by the High Court(High Court of Delhi) in an appeal,(FAO No. 346 of 2007 dtd. 16/9/2009) filed by the respondents is challenged before this Court. The appellants are the claimants who filed application before the Commissioner(Workmen's Compensation Commissioner) seeking compensation under the 1923(The Employee's Compensation Act, 1923 earlier known as Workmen's Compensation Act, 1923) Act. The application filed by the appellants before the Commissioner was allowed by him vide order dtd. 22/3/2007. Compensation of Rs.3,26,140.00 (Rupees three lakh twenty six thousand one hundred and forty) with interest @ 12% p.a. was awarded w.e.f. 15/9/2003 till the date of realization.

(2.) Sumer Singh (the deceased) whose legal representatives are before this Court, was employed as a driver with the respondent no.2(Respondent No.2 in the present appeal is Kuldeep Bhatia, owner of the vehicle.) for driving truck bearing no. DL-1G-B-3976. The deceased was assigned the duty of driving the abovesaid truck in connection with the trade and business of the respondent no.2 from Delhi to Baroda (Gujarat). On 15/9/2003, around 12:30 a.m. while passing through Goverdhan Vilas, Udaipur (Rajasthan), he felt uneasiness. He parked his vehicle and expired. He was taken to the hospital where he was found brought dead. His post mortem was conducted. It was stated that he was 41 years of age at the time of death.

(3.) The order passed by the Commissioner awarding compensation was challenged by the Insurance Company(United India Insurance Co. Ltd.) before the High Court. Vide impugned order, the High Court accepted the appeal filed by the Insurance Company and set aside the order passed by the Commissioner. The same is impugned before this Court.