BAJAJ ALLIANZ GENERAL INSURANCE Vs. JARINA BEGUM

JUDGEMENT

(1.) The appellant has challenged the order dated 25th January, 2016 whereby the Commissioner, Employees' Compensation awarded compensation of Rs.3,38,880/- along with interest at the rate of 12% per annum to the respondents.

(2.) Respondents No.1 to 10 are the widow, mother, four sons and four daughters of late Nisar Ahmad @ Nisar Khan who was working as a cleaner/helper with respondent No.11 on his vehicle. Respondents No.1 to 10 filed an application for compensation before the Commissioner, Employees' Compensation on the averments that Nisar Ahmad was in the employment of respondent No.11 as a cleaner/helper on truck No. HR-38-N4678; Nisar Ahmad was aged 45 years and was getting salary of Rs.4,200/- per month; Nisar Ahmad was ill and was taking rest at his home on 05th July, 2009 when he was called by his employer to attend the duty on the aforesaid truck for going to Saleem; Nisar Ahmad told his employer that he was not feeling well but was told to do duty on the ground that there was no other person to work; when the truck reached Tumkur, Karnataka, the condition of Nisar Ahmad deteriorated due to work stress whereupon the driver, Pradeep took him to doctor who examined and declared him dead.

(3.) Respondent No.11 is the owner of the truck insured with the petitioner. Respondent No.11 filed the written statement and admitted the employment of the deceased with him as a helper/cleaner on salary of Rs.4,200/- per month plus Rs.200 per day for food/meals allowance. The petitioner admitted the insurance of the vehicle at the time of the accident.