UNITED INDIA INSURANCE CO. LTD. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This first appeal has been filed by the insurance company under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Employees Commissioner dated 19.1.2010 which has allowed the claim of the dependants of the deceased Sh. Raj Kumar.

(2.) The facts of the case are that the deceased Sh. Raj Kumar was an employee of respondent no.2 herein namely Sh. Raman Kumar and who was the respondent no.1 before the Commissioner. The deceased was directed to drive the truck bearing no.DL-1GA-6972 to Barwala (Panchkula) at 9.00 PM on 17.12.1997. It is not disputed before me that there was an insurance policy with respect to the subject truck and the death of the deceased Raj Kumar took place during the currency of the policy. The facts which transpire are that the deceased Raj Kumar did not reach the destination but on the next date i.e 18.12.1997 his body was found in a field of Bakhtapur, Tajpur Road, Near Alipur, Delhi.

(3.) As to whether the murder of the deceased, Sh. Raj Kumar can be said to be an accident arising out of and/or during the course of employment, the Commissioner has given the following findings and conclusions:-