NATIONAL INSURANCE CO. LTD. Vs. BADAMI DEVI

JUDGEMENT

(1.) Exemption allowed subject to just exceptions. C.M. stands disposed of.

(2.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Commissioner dated 14.6.2013 which has allowed the claim petition filed by the claimant; respondent No. 1 herein; and who is the mother of the deceased employee Sh. Umesh Kumar. Sh. Umesh Kumar died on 24.7.2005 in an accident while driving T.S.R. No. DL-1RJ-1105 (three wheeler) which belonged to the employer/respondent No. 2 herein, respondent No. 1 before the Commissioner.

(3.) The facts of the case as pleaded before the Commissioner by the respondent No. 1 herein were that the deceased Sh. Umesh Kumar was employed by the respondent No. 2 herein. The deceased employee on 24.7.2005 at 2.15 a.m. while driving the TSR No. DL-1RJ-1105 met with an accident and died. The death is therefore stated to have been caused on account of injuries sustained by him in the accident during the course of employment with the respondent No. 2 herein. The deceased was 20 years old at the time of his death and his monthly salary was stated to be Rs. 4,500 per month. An F.I.R. No. 236/2005 was registered at Police Station Usmanpur, Delhi and the post, mortem of the deceased employee was conducted in G.T.B. Hospital, Shahdara, Delhi. Compensation was accordingly claimed from both the employer as well as the appellant-Insurance Company.