BHARTI AXA GENERAL INSURANCE COMPANY LTD. Vs. PARESHWARI

JUDGEMENT

(1.) The appellant has challenged the order dated 07th January, 2016 whereby the Commissioner, Employees' Compensation has awarded compensation of Rs. 6,70,160/- to respondents No. 1 to 5.

(2.) On 17th May, 2014, late Khushal Singh was driving truck bearing no. HR-38-N-0917 from Meerut to Delhi during the course of his employment with respondent no. 6. At about 9:30 pm, the driver stopped the truck near CHD Canteen (Post Office) and was crossing the road when he was hit by a scooter which resulted in fatal injuries. The truck in question was validly insured with the appellant and the insurance policy covered the liability under the Employees' Compensation Act in respect of the driver of the truck.

(3.) The deceased, Khushal Singh was survived by his widow, three sons and mother who have filed application for compensation before the Commissioner, Employees' Compensation. The appellant contested the application on the ground that the insured vehicle was not involved in the accident and therefore, the appellant was not liable.