ORIENTAL INSURANCE COMPANY LTD Vs. PUSHPA

JUDGEMENT

(1.) I find sufficient ground to allow the delay condonation application in filing the appeal Accordingly, the delay in filing the appeal is hereby condoned.

(2.) This fact is not disputed that the deceased had been murdered when he was discharging his duty in plying the Truck No. UAC/7870, which was insured with the appellant/Insurance Company and he was murdered by another truck driver, namely, Basant-Ballabh Pandey. He was murdered because of quarrel with another driver. The learned Commissioner following the judgments of Hon'ble Allahabad High Court in Union of India and others v. Ifzal Hussain and others, 2011 128 FLR 137 and The Oriental Insurance Company Ltd. and others v. Smt. Fatimadi and others,2011 2 TAC 24 has held that the deceased was murdered during the course of employment at the time of performing his duty. Therefore, this Court is of the view that the question framed in the memo of appeal does not arise for consideration. The appeal lacks merit and is liable to be dismissed. Accordingly, the appeal is dismissed at the admission stage.