SEEMA Vs. OM PAL SINGH

JUDGEMENT

(1.) This first appeal under Section 30 of the Employee's Compensation Act, 1923 is filed by the appellants/claimants against the judgment of the Employee's Compensation Commissioner dated 7.3.2016 by which the claim petition filed by the appellants/claimants has been dismissed.

(2.) The facts of the case are that the deceased Sh. Ashok Tyagi was employed by the respondent no.1 herein as a driver for his bus bearing registration no.U.P-14 AT-0961. The bus used to ply on the prescribed route between Vivekanand Nagar and Ram Parasth at Ghaziabad in U.P. In the claim petition the appellants/claimants pleaded that at night on 11.3.2014 the deceased Sh. Ashok Tyagi when he had gone to the CNG pump i.e for filling of CNG in the bus, the deceased Sh. Ashok Tyagi was kidnapped by four unknown persons and an FIR No. 234/2014 was registered with Police Station Kavi Nagar, Ghaziabad. Since the dead body of Sh. Ashok Tyagi was found within the jurisdiction of Police Station Etamadpur, Agra, U.P. another FIR No.107/2014 was registered at the concerned police station in Agra within whose jurisdiction the dead body was found. It was pleaded by the appellants/claimants that the death of the deceased took place on account of an accident arising out of and in the course of employment, and therefore, the appellants/claimants are entitled to succeed in the claim filed before the Employee's Compensation Commissioner under the Employee's Compensation Act.

(3.) The claim petition was contested by the insurance company, and which is the respondent no.2 herein.