DAMESHWARI BELCHANDAN Vs. YOGESH CHANDRAKAR

JUDGEMENT

(1.) This appeal has been fled by the appellants/claimants under Sec. 30 of the Workmen Compensation Act, 1923 against the judgment dtd. 2/8/2013 passed by the Commissioner for Employees Compensation Act, Labour Court, Durg, Chhattisgarh in case no.6/WC Act/2012 (Fatal) whereby the Commissioner awarded a compensation of Rs.7,13,475.00 in favour of the claimants with interest at the rate of 12% per annum from the date of accident till deposit, if the amount so awarded is not deposited within a period of two months.

(2.) As per averments in the claim petition, deceased Dilip Kumar Belchandan was a driver under the employment of non-applicant no.1 Yogesh Chandrakar. On the date of accident i.e. 4/1/2012 Dilip Kumar Belchandan by driving vehicle Swaraj Mazda bearing no. CG05 ZB 0251 was returning to his work place at Durg. However, on the way at National Highway No.6, in front of Electricity Office at village Tumdibad, driver of truck bearing no. MP09-KD-9353 driving the said vehicle came from opposite direction and dashed the vehicle of the deceased, as a result of which Dilip Kumar Belchandan suffered grievous injuries and succumbed to the same during treatment on 6/1/2012. At the time of accident, the vehicle driven by the deceased was insured with non-applicant no.2.

(3.) On claim petition being filed by the claimants i.e. wife, son and parents of the deceased under Sec. 22 of the Employees Compensation Act, the Commissioner considering the evidence led by the parties passed an impugned judgment as mentioned in para 1 of this judgment.