MAHRIN BAI Vs. RELIANCE GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is filed under Section 30 of the Employees Compensation Act, 1923, challenging the judgment/ award dated 02-07-2013 passed by the Commissioner, Employees Compensation, Labour Court, Raipur (hereinafter referred to as "the Commissioner") in case No. 113/WC Act /2012 (F), whereby the Commissioner awarded a total sum of Rs. 4,48,000/- as compensation.

(2.) Facts relevant for disposal of this appeal are that Mahesh Baghel (now deceased) who was son of appellants-claimants, was employed with the 1st Respondent as Driver of the vehicle Tata Ace bearing Registration No. CG 04JB 4217. On 20-05-2009 when deceased Mahesh Baghel was on his duty, some dacoits after murdering him looted the vehicle. The incident was reported to concerned police station Saja, Durg (now district Bemetara). The appellants-claimants filed an application claiming compensation before the Commissioner, mentioning therein that on the date of incident, deceased Mahesh was aged of 20 years and was being paid Rs. 4,000/- per month as salary.

(3.) Respondent 1/ Non-applicant 1 submitted reply to the application filed by the claimants and admitted the claim of the appellants and further pleaded that on the date of accident, the vehicle was insured with Respondent 2/ Non-applicant 2, the liability for payment of amount of compensation would be on Insurance Company.