NATIONAL INSURANCE COMPANY LTD Vs. TEERATH KAUR

JUDGEMENT

(1.) Instant appeal, preferred under Sec. 30 of the Employee Compensation Act, 1923, is directed against the judgment and award dtd. 8/7/2019 passed by Employees Compensation Commissioner/Industrial Tribunal & Labour Court Haldwani, District Nainital, whereby said Tribunal has partly allowed the claim petition filed by the respondents against the appellant National Insurance Company Limited for a sum of Rs.7,92,387.00 along with interest payable @ 7 % per annum from the date of filing of the claim petition till the date of its realization.

(2.) Brief facts of the case are that on 14/8/2016 Gurmeet Singh was driving car no.U.K. 04A-4911. The said vehicle fell in deep ravine at Budhalakot Tok Pangoot at about 6 pm causing spot death of Gurmeet Singh. Mother of the deceased filed the claim petition stating that the deceased has died during the course of employment. He was employed as a driver in the said car and was getting monthly salary of Rs.8,000.00.

(3.) Respondent no. 2 contested the claim petition and filed his written statement. He stated that the deceased was under his employment and was engaged as a driver in UK04U-4911. He further stated that the deceased was driving his vehicle with valid and effective driving license which was valid w.e.f. 8/4/2009 to 7/4/2029. He further stated that the deceased has died during the course of employment.