UNITED INDIA INSURANCE CO. Vs. ZAMIL AHMED

JUDGEMENT

(1.) The appellant/insurance company has preferred this appeal under Sec. 30 of the Employee's Compensation Act, 1923 ["EC Act"] for setting aside/quashing of judgment-cum-award dtd. 14/2/2017 passed by the learned Commissioner, Employee's Compensation ["Commissioner"], allowing the claim petition of the respondent No.1/claimant on account of his death on the intervening night of 16/17/9/2009 during the course of his employment.

(2.) Briefly stated, it was claimed that the claimant/respondent No. 1 was employed as a driver by respondent No. 2, operating an Auto TSR bearing registration No. D1-IRL-1550; and that on the intervening night of 16/17/9/2009, at around 1:00 A.M., the claimant was returning home from ISBT via Outer Ring Road and when he reached near the red light at Gopalpur on Outer Ring Road, the driver of a tempo, which was moving ahead of the TSR, suddenly applied brakes and stopped and as a result, the TSR being driven by the claimant collided with the tempo and in the melee an unknown truck ran over the claimant's left leg, resulting in crush injuries to the left leg besides fractures to the 4th, 5th, and 6th ribs on the left side, and the 2nd and 3rd ribs on the right side. It was stated that the injured was initially admitted to the Trauma Center and later referred to J.P.N. Hospital.

(3.) It was thus claimed by the claimant/respondent No.2 that he has sustained 60% permanent disability on his left leg. Evidently, the vehicle was fully insured with the appellant vide cover note No. 1502 valid w.e.f. 6/9/2009 to 5/9/2010.