NEELAM KUMARI Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the 'Act'), the appellants/claimants have assailed the order dtd. 13/12/2017 passed by the learned Commissioner, Employees' Compensation, District North-West, Vishwakarma Nagar, Jhilmil Colony, Delhi.

(2.) The appellants had initially filed a claim application under Sec. 22 of the Act before the learned Commissioner, District North-West, 5, Sham Nath Marg, Delhi on 11/11/2016. In the claim application, it was claimed that Sh. Harbans Lal (the deceased) was employed as a driver on vehicle bearing No. HR-55V-2562 at a salary of Rs.9,000.00 per month plus Rs.200.00per day as food allowance. The said vehicle was stated to be owned by respondent No. 2/respondent No. 1 and insured with respondent No. 1 (respondent No. 2 therein). It was averred that on 24/4/2016, when Sh. Harbans Lal was driving the vehicle from Delhi to Bangalore and had reached within the jurisdiction of Police Station Managuli, Bijapur, Karnataka, he had acute pain as there was lot of stress and strain in the long and tiresome driving. It was claimed that since Sh. Harbans Lal was feeling uneasy and having difficulty in breathing, he parked the truck at a nearby dhaba. While lying down on a cot, he passed away. It was further claimed that the deceased was under stress and strain of heavy work load and passed away during the course of employment. The post-mortem of the body was conducted at District Hospital, Bijapur.

(3.) It is averred in the instant appeal that in the proceedings before the Commissioner, the appellant filed an application seeking to withdraw the claim application. It was stated in the application that 'due to technical reason the applicant intends to withdraw the instant claim petition with the liberty to file a fresh one'. The claim application was permitted to be withdrawn by the learned Commissioner on 17/2/2017.