RAVINDRA SINGH NEGI Vs. WORKMENS COMPENSATION COMMISSIONER

JUDGEMENT

(1.) This is an appeal against the judgment and order dated June 9, 2004 passed by Workmen's Compensation Commissioner, Chamoli. Briefly stated, a claim petition was filed on April 4, 2003 by the claimant under the Workmen's Compensation Act being Case No. 6 of 2002-2003 stating therein that on October 4, 2002, the son of the claimant namely late Deepak Singh was coming from Chamoli on Tata Sumo No. U.A.-07/6891. The vehicle in question was being driven by late Sri Deepak Singh himself. The said vehicle was looted in the forest of Laltappar, P.S.Doiwala and Deepak Singh was done to death and his dead body was recovered from that place, and information of this incident was sent to P S. Doiwala

(2.) It has been alleged in the claim petition by the claimant that late Sri Deepak Singh was aged about 19 years and was getting a salary of Rs. 5,500/-. In the Post Mortem Report the age of the deceased has been shown to be 26 years, which is not authenticated. It is disputed fact that at the time of accident/murder what was the age of the deceased. The evidence on the record is the F.I.R., Post Mortem Report and the statement of P.W.1. All these documentary/oral evidence have fully justified the incident. Apart from that Insurance Policy Cover Note, the registration of the vehicle and driving licence of Deepak Singh were produced on behalf of the respondents and D.W. 1 was also examined orally. The Insurance Company has taken defence that it is not a case of accident, it is a case of murder and as such the Insurance Company is not liable to pay compensation.

(3.) We have heard the learned counsel for the parties and have perused the evidence on the record. The Presiding Officer has framed as many as five issues. Issue No. 1 relates to the fact as to whether the deceased Deepak Singh was a driver in the vehicle of the defendant No. 1 and issue No. 2 relates to the fact as to whether late Deepak Singh was the workman within the meaning of the Workmen's Compensation Act while driving the vehicle Issues Nos. 3, 4 and 5 relate to the fact of the quantum of compensation and further as to whether the deceased was getting a salary of Rs. 5,500/- and whether the vehicle No. U.A -07/6891 was insured. The Claims Tribunal vide order dated June 9, 2004 rejected the application on the ground that the present case relates to the theft of the vehicle as well as the murder of the deceased and a criminal case is registered in the P.S.Doiwala and as such the matter is not covered by Workmen's Compensation Act and no compensation is payable to the workman concerned.