SALENDRI BAI Vs. SURESH KUMAR GUPTA

JUDGEMENT

(1.) Appellants/claimants have filed this appeal under Section 30 of the Employee's Compensation Act, 1923 (earlier Workmen's Compensation Act, 1906) (for short 'the Act of 1923') challenging the impugned judgment/ award dated 11.12.2013 passed by the learned Commissioner for Employees Compensation - cum - Labour Court, Durg, (CG) in Claim Case No.10/W.C.ACT/2011/Fatal dismissing application filed by the applicants/claimants for grant of compensation.

(2.) Facts relevant for disposal of this appeal are that Firturam was working as Driver of truck bearing registration number CG04-JA-4154 (for short 'the offending vehicle') under the employment of non-applicant No.2, owner of offending vehicle. On 17.9.2009 the offending vehicle loaded with cement of Century Cement left for Gunderdehi from Baikunth. On the way near Village Funda turn, the offending vehicle overturned as a result of which Firturam suffered grievous injuries on his head, hand & leg. He was admitted in District Hospital, Durg where he succumbed to the injuries on 18.9.2009.

(3.) Appellants/claimants have filed an application under Section 10 (a) of the Act of 1923 before the Commissioner seeking compensation of Rs.4,27,140/- pleading therein that on the date of accident, deceased was working as 'Driver' under the employment of non-applicant Nos.1 & 2 and getting Rs.3,325/- per month as salary.