(1.) C.M. Appl. No. 14358/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. FAO No. 163/2017 and C.M. Appl. No. 14359/2017 (for stay).
(2.) The facts of the case are that the late husband of the respondent no. 1, Sh. Saranjit Singh was working as a cleaner on a truck being No. HR-55S-5392, a truck owned by the respondent no. 2 herein and who was the respondent no. 1 before the Employees Compensation Commissioner. On 20.7.2014, late Sh. Saranjit Singh met with an accident arising out of and during the course of employment, inasmuch as, he was travelling with the subject truck on a business trip coming from Karnal to Pune at Maharashtra. When the vehicle reached under the jurisdiction of Police Station Gordhan Vilas, District Udaipur, Rajasthan, there was an accident on Udaipur Balicha bypass at about 9:30 p.m. when the vehicle was parked at Mahadev Hotel, Udaipur, Balicha bypass for taking evening meal because a car being driven in a rash and negligent manner came from Udaipur side and hit cleaner Sh. Saranjit Singh who died during his treatment in hospital. FIR No. 310 dated 21.7.2014 was lodged. The truck owned by respondent no. 2 herein was insured with the present appellant, namely, M/s New India Assurance Company Limited with an additional premium being paid to the appellant under the Employee's Compensation Act. The validity of the subject policy was from 23.7.2013 to 27.2014 and therefore the accident happened within the validity period of the policy.
(3.) Two aspects have been argued on behalf of the appellant before this Court. Firstly, it is argued that the Commissioner has wrongly taken the wages payable at Rs.8,000.00 per month though in the claim petition the respondent no. 1 admitted that the deceased was earning only Rs.6,500.00 per month plus Rs.200.00 as food allowances. The second aspect which is argued is that the age of the deceased was 57 years as stated in the post mortem report filed before the Commissioner and thus the impugned judgment has wrongly taken the age of the deceased as 52 years.