LAWS(DLH)-2015-10-291

PROGRESSIVE FINLEASE LTD. Vs. USHA SRIVASTAVA

Decided On October 05, 2015
Progressive Finlease Ltd. Appellant
V/S
Usha Srivastava Respondents

JUDGEMENT

(1.) The appellants have challenged the order dated 28th June, 2013 whereby the learned Commissioner, Employee's Compensation awarded compensation of Rs.3,32,580/- along with the interest @ 12% per annum from the date of the accident till realisation to respondent.

(2.) The respondent is the widow of late Vinod Kumar Srivastava, who met with an accident on 18 th May, 2005 which resulted in his death. The deceased was working with the appellants at the time of the accident.

(3.) The respondent filed an application for compensation against the appellants before the Commissioner, Employee's Compensation in which she pleaded that her husband was working with appellant No.1 at a monthly salary of Rs.8,400/- for the last 11 years. On 18 th May, 2005, the respondent's husband did not return till late night whereupon the respondent telephoned the manager, Mr. Prem Kumar in the appellant's office who informed her that appellant's director, Govind Gupta had sent the deceased for some work and he would return by 10:00 p.m. 10:30 p.m. Between 10:30 to 11:00 p.m., a rickshaw brought the respondent's husband and told her that her husband has met with an accident. The respondent rushed her husband to Babu Jagjivan Ram Hospital, Jahangir Puri where he was declared dead. The police registered FIR No.383/05 at P.S. Jahangir Puri under section 279/304 A IPC.