FUTURE GENERALI INSURANCE CO. LTD Vs. RAMESHWAR CHOUDHARY

JUDGEMENT

(1.) This Judgment shall decide the present Appeal filed by the Appellant under Sec. 30 of the Employees' Compensation Act, 1923[EC Act ], assailing the impugned Judgment, dtd. 29/7/2016/2/8/2016 passed by the Commissioner, Employee's Compensation, Delhi, in Case No.CWC/CD/I4/I4/I431 titled Sh. Rameshwar Choudhary & anr. v. Future Generali India Insurance Company Ltd. & anr., whereby an amount of Rs.8,69,574.00 has been awarded as Compensation to the Claimants/Respondent Nos.1 & 2, i.e., Sh. Rameshwar Choudhary and Smt. Fullo Devi, for the death of their son Sh. Ganga Ram, and the liability to pay Compensation has been fastened upon the Appellant/Insurance Company. Factual Background:

(2.) Succinctly put, the deceased Sh. Ganga Ram Choudhary, aged 19 years and stated to be drawing wages @ Rs.8,000.00 per month at the time of death, was the son of Respondent Nos.1 & 2. He was employed by Respondent No.3 i.e., M/s Jauhar Logistics Pvt. Ltd. as loader on Vehicle/Truck bearing No. HR-55J-9615, which was owned by Respondent No.3 and insured with the Appellant herein, i.e., M/s Future Generali India Insurance Company Ltd., vide Policy No.2012-V2164374-FCV for the period from 31/12/2012 to 30/12/2013. It is the case of Respondents that on the fateful night of 23/24/7/2013, the truck was involved in an accident, grievously injuring the deceased, who eventually succumbed to the injuries on 27/7/2023. Pursuant to this series of events, since the deceased died during the course of his employment with Respondent No.3 on his Vehicle/Truck, his bereaved parents approached the learned Commissioner under the EC Act seeking Compensation and Interest @ 12% p.a. from date of accident till its realization.

(3.) Additionally, since due to the accident the vehicle also suffered damages, an Own Damage Claim[OD Claim ] was filed with the Appellant herein by Respondent No.3, and the same was paid for loss of vehicle upon due verification. However, C.M.Appl. No.51022/2019 seeking production of OD Claim records from the possession of the Appellant, is still pending before this court. Proceedings before the learned Commissioner and the impugned Order: