ORIENTAL INSURANCE CO. LTD. Vs. SOMAR SAI

JUDGEMENT

(1.) Appellant/Insurance Company has 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 22.07.2014 passed by the learned Commissioner for Employees Compensation - cum - Labour Court, Ambikapur, (CG) in Claim Case No.68/W.C.ACT/2006, whereby the Commissioner allowed application filed by the applicant Nos.1, 2 and 3/claimants, warded Rs.3,22,920/- and further awarded penalty to the tune of 50% of the amount of compensation alongwith interest at the rate of 12%.

(2.) Facts relevant for disposal of this appeal are that applicant Nos.1, 2 and 3/ claimants have filed an application under Section 22 of the Act of 1923 pleadings therein that deceased -Ram Singh was working as 'Assistant Driver-cum-Helper' with Non-applicant No.2/driver of truck under the employment of non-applicant No.1/owner of truck. Non-applicant No.1/owner was paying Rs.3,000/- per month as salary and Rs.100/- per day as daily allowances to the deceased when he was on duty out of station. On 05.06.2005 deceased -Ram Singh was on duty on Truck bearing registration No.CG04/E/0466, owned by non-applicant No.1 and went to Grasim Cement Factory, Rawan from Korba alongwith Non-applicant No.2. After loading the cement in the factory at about 11:00 pm, they have parked the truck in the truck-yard at Rawan. After tying tarpaulin over the truck and taking their meals/dinner, they slept near the truck. Ram Singh was sleeping on the ground in front of the truck. On 06.06.2005 between 3:00 am to 5:00 am some unknown truck/vehicle ran over the body of Ram Singh and caused accident. Ram Singh died due to the accidental injuries suffered by him.

(3.) Claimants have filed an application under Section 22 of the Act of 1923 claiming compensation of Rs.3,50,000/- on the ground that death of deceased-Ram Singh was on account of accident arising out of and in the course of employment.