NEW INDIA ASSURANCE COMPANY LTD. Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/insurance company whereby they have assailed the order/judgment dtd. 7/9/2022 passed by the Commissioner, Employees' Compensation, District North West, whereby the claim for compensation filed by the respondents was allowed, granting him a total compensation of Rs.17,06,175.00 payable with interest @ 12% p.a. w.e.f. 16/5/2020 till its realization along with funeral expenses of Rs.5,000.00 besides penalty amount of Rs.4,26,544.00 under Sec. 4A(3)(b) of the Employees' Compensation Act 1923 ("the EC Act") which liability was fastened on the shoulders of the appellant/insurance company.

(2.) Shorn off unnecessary details, admittedly, Sh. Jonny Yadav "hereinafter referred as the deceased" was employed as a cleaner on vehicle bearing registration number NL-01N-6520, a truck owned by Smt. Sukhvinder Kaur/respondent No. 5. On 16/5/2020, the deceased was discharging his duties as a cleaner while the vehicle was engaged in a business trip from Kolkata to Delhi, with Sh. Pradeep Kumar @ Pradeep Yadav/respondent No. 1, operating the said vehicle as its driver. It was claimed that at approximately, 08:00 a.m. on 16/5/2020, while the vehicle was traversing Choparan Ghati, near Hathi Baba Temple, located in Choparan District, Hazaribagh, an accident occurred. It was alleged that another vehicle was stationary on the road, and in an attempt to avert a collision with a third vehicle, respondent No. 1 (the driver) maneuvered the truck to the left side and applied the brakes, but the brakes failed, causing the truck to collide with the stationary vehicle, resulting in the damage.

(3.) As a consequence of the accident, the deceased, sustained severe injuries. He was initially taken to a nearby hospital for medical treatment. Considering the gravity of his condition, he was subsequently referred to a larger medical facility. However, while being transported to Ranchi, the deceased succumbed to his injuries, and he was declared "brought dead" by the Government Hospital. The presence of the deceased in the vehicle was because of its trade & business. It was claimed that the deceased was about 18 years of age and was being paid Rs.15,000.00 per month + Rs.200.00 per day was being paid as food allowance.