UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAMLA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 09.09.2010 passed by the Commissioner for Workmen's Compensation, Sub-Division-2, Bijapur in WC No.103/2009.

(2.) For the sake of convenience, the parties are referred with their ranks held before the Commissioner for Workmen's Compensation.

(3.) The claimants No.1 and 2 filed claim petition before the Commissioner for Workmen's Compensation, Bijapur claiming compensation of Rs.5,00,000/- for the death of Amol Gunda, son of claimant No.1 and husband of claimant No.2 which according to claimants occurred in the course of his employment. It is stated that the deceased Amol Gunda was working as driver under respondent No.1 in his auto bearing No.MH-13- G-4327 on a salary of Rs.8,000/- per month and Bhatta of Rs.50/- per day. On 21.04.2009 on the instructions of respondent No.1, the deceased was on duty in the said auto rickshaw. When he was proceeding near Indian Oil Corporation, on Pakani-Mohal road in the night hours, it is alleged that he did not give side to a jeep coming from rear side, therefore, the inmates of the jeep stopped the deceased and assaulted him causing his death. Therefore, the deceased was murdered by the inmates of the jeep. The deceased was aged about 22 years at the time of death. Solapur Police have registered a case in Cr.No.100/2009 in respect of the said incident and the death of the deceased. The claimants who were fully depending on the income of the deceased have lost their bread earner, thereby they were put to much hardship. Respondent No.2 is the insurer of the offending vehicle and that the incident has taken place during the course of his employment. Therefore, they claimed compensation before the Commissioner for Workmen's Compensation.