SANTOSH DEVI AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioners have challenged the order dated 16th May, 2016 whereby the Claims Tribunal has dismissed their application for compensation.

(2.) The petitioners filed an application for compensation before the Commissioner, Employees' Compensation claiming compensation in respect of the death of late Rajinder Kumar on 07th November, 2014. The case of the petitioners before the Commissioner, Employees' Compensation was that Rajinder Kumar was working as a driver with respondent No.2 since 2011 on Tata truck 407 bearing No.DL-1LS-1311 at a monthly salary of Rs.12,000/- per month; the aforesaid vehicle was validly insured with respondent No.3; on 24th September, 2014, Rajinder Kumar met with an accident during the course of his employment near Panipat after unloading the goods from the aforesaid vehicle which resulted in grievous head injuries; Rajinder Kumar was taken to a hospital at Panipat, then to PGI, Rohtak and thereafter, shifted to Safdarjung Hospital, Delhi and he expired due to the injuries on 07th November, 2014.

(3.) Respondent No.2 filed the written statement in which he admitted that the deceased was working as a driver with him at the salary mentioned above and he suffered an accident during the course of his employment on 24th September, 2014 which resulted in his death. Respondent No.2 gave particulars of the insurance policy by which the vehicle was validly insured with respondent No. Respondent No.2 submitted that respondent No.3 was liable to pay the compensation amount under the policy.