NEW INDIA ASSURANCE CO LTD Vs. SUSHILA

JUDGEMENT

(1.) NEW India Assurance Co. Ltd., the appellant has filed present appeal under section 30 of the Workmens Compensation Act, 1923 (for short as 'the Act') against order dated 13.8.2008, passed by Commissioner, Workmen's Compensation (for short as 'the Commissioner') vide which claim filed by respondent Nos. 1 to 3, legal heirs of deceased, Subhash Chander Sharma, was allowed and they were awarded a compensation of Rs. 4,28,376.

(2.) BRIEF facts are that deceased Subhash Chander Sharma was employed as driver on the vehicle of respondent No. 4. On 9.9.2003, while on duty, the deceased was going from Peera Garhi to Palam Gaon. On way there was some defect in the vehicle and deceased was trying to locate it. All of a sudden, another vehicle hit him from behind, with the result he sustained grievous injuries on his body. Due to impact his chest and backbone were fractured. He was rushed to Sanjay Gandhi Hospital and, thereafter, he remained in other hospitals. F.I.R. was registered on 10.9.2003 and the deceased died on 17.7.2005.

(3.) OTHER plea is that it is a motor accident case and accident took place due to rash and negligent driving of driver. The claimants concealed material facts from the court, since they had already filed a case before the Motor Accidents Claims Tribunal (for short as, 'the Tribunal').