NATIONAL INSURANCE COMPANY LIMITED Vs. DHAN SINGH

JUDGEMENT

(1.) This appeal is by the Insurance Company/non-applicant No.2 under Sec. 30 of the Workmen's Compensation Act, 1923 (in short "the Act") against the order dtd. 20/3/2013 passed by Commissioner, Workmen's Compensation Act-cum Labour Court, Rajnandgaon (C.G.) in Case No. 58/W.C. Act/2009/Fatal, awarding compensation of Rs.1,76,217.00 with interest @ 12% per annum from the date of application till realization.

(2.) As per claim petition filed by the Claimant who is husband of deceased Santo Bai aged about 45 years, the deceased was in the employment of non- applicant No.1 M/s Milikkarjun Construction, which was given contract of construction of road at village Ira Gaon. On 15/4/2009 the deceased during the course of her employment under non-applicant No.1 while road construction was going on at Ira Gaon, was doing the work of cleaning the Roller by putting water and on account of driving the Roller by its driver suddenly in a rash and negligent manner, Santo Bai fell down from the Roller and came under the wheel of the Roller which crushed her. As a result thereof, Santo Bai sustained fatal injuries and died instantaneously. As the death of Santo Bai occurred during the course of her employment, the Claimant, husband of the deceased, filed a claim petition under Sec. 22 of the Act before the Commissioner seeking compensation.

(3.) The Commissioner considering the pleadings of the respective parties and the evidence adduced by them, vide impugned judgment granted compensation in favour of the Claimant as mentioned above.