ORIENTAL INSURANCE CO. LTD. Vs. SHANTI DEVI

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the impugned order of the Commissioner dated 17.5.2010 by which the Commissioner allowed the claim petition filed by the respondent nos.1 and 2 herein (mother and wife of the deceased employee). Appellant/insurance company was the respondent no.3 before the Commissioner, and on deletion of the respondent no.3 it became the respondent no.2.

(2.) The facts of the case are that the deceased Sh. Dalip Kumar, aged 25 years was employed as a driver for driving the tempo bearing no.DL-1LE-2777 Tata 407 owned by the respondent no.3 herein (respondent no.1 before the Commissioner). The deceased Sh. Dalip Kumar on the directions of the employer on 9.7.2008 at about 8.00 P.M. left to fill the vehicle with gas from the godown of M/s. Uttam Special Gases Pvt. Ltd, A- 61, Okhla Industrial Area, Phase-II, New Delhi and reached there at about 9.30 P.M. The deceased Dalip Kumar parked the vehicle because the gas was to be filled at about 5.30 AM and he set the cylinder for filling the gas in the morning at 5.30 A.M. In the godown of the company M/s. Uttam Special Gases Pvt. Ltd there was a blast of a gas cylinder and Sh. Dalip Kumar died on the spot. An FIR bearing No.293 dated 10.7.2008 under Sections 286/304-A was registered in the police station.

(3.) Before the Commissioner, the employer/respondent no.3 appeared and conceded to the factum of employment of the deceased Sh. Dalip Kumar. The relationship of employer and employee was therefore admitted by the employer. The appellant/insurance company did not dispute that with respect to the vehicle in question there was a valid insurance policy for the period from 22.4.2008 to 21.4.2009 and additional insurance premium was paid for coverage under the Act. Since there was admission of relationship of employer and employee and the fact that the vehicle in question was insured with additional premium under the Act, Commissioner allowed the claim petition by applying the statutory formula.