NATIONAL INSURANCE CO. LTD. Vs. OMI DEVI

JUDGEMENT

(1.) This first appeal is filed under Sec. 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Employee's Compensation Commissioner dated 20.8.2015 whereby the claim petition filed by the respondent no. 1 herein, namely Smt. Omi Devi, was allowed and she was granted compensation of Rs. 6,25,880.00 along with interest at 12% per annum on account of death of her husband late Sh. Ramesh Chand while driving the vehicle as an employee of the respondent no. 1 before the Employee's " Compensation Commissioner, the Vehicle being Mahindra Xylo No. DL-1-VB-6777.

(2.) The facts of the case are that the deceased Sh. Ramesh Chand was employed by the respondent no. 1 before the Employee's Compensation Commissioner, and who is the respondent no. 2 herein, to drive his Vehicle Mahindra Xylo No. DL-1-VB-6777. It was pleaded that while driving Vehicle Mahindra Xylo on 7.6.2013 there was an accident at about 7:55 a.m. near H-Block, Antriksh Apartment, Vikas Puri, New Delhi. Sh. Ramesh Chand died as a result of injuries suffered because of the accident. An FIR was also registered with the police vide no. 185/2013.

(3.) The employer, respondent no. 2 herein, appeared before the Employee's Compensation Commissioner and admitted that the deceased was employed as a driver by him. Appellant/insurance company being the respondent no. 2 before the Employee's Compensation Commissioner denied that the deceased was the employee of the owner of the vehicle/respondent no. 2 herein.