NATIONAL INSURANCE COMPANY LTD. Vs. ISRAR AHMAD

JUDGEMENT

(1.) This is an appeal under Sec. 30 of the Workmen's compensation Act, 1923, against the judgment and order dtd. 9/10/2013, passed by orkmen's Compensation Commissioner, District Haridwar, in Workmen Compensation Case No.19 of 2007, 'Smt Akhtari Begum and ors. Vs Dilshad Ahmed and ors"

(2.) As per the claim petition, the case of the respondent no.1-claimant as unfolded is that his son deceased Zrar Ahmed was working as a driver with respondent no.2 and on 2/6/2006, when he was under the directions of respondent no.2 carrying cattles from Punjab to Saharanpur he collided with a bus which resulted in fracture to both of his legs. He was rushed to Radix Hospital, Ambala, Haryana by the bystanders. Thereafter, he was shifted to Orthopedic and Fracture Clinic, Saharanpur and he ultimately succumbed to the said injury in Mahipal Nursing Home, Roorkee.

(3.) It has been stated in the claim petition by respondent no.1-claimant that at the time of death the age of his son was around 21 years and he was getting a salary of Rs.5,000.00 per month from his employer. He stated that the death of his son was caused during and in the course of his employment with respondent no.2. He further alleged that even though, the information regarding the accident was in knowledge of the respondents, no compensation was paid to him, by the respondent-employer. With these averments, he filed the claim petition before the Workmen Compensation Commissioner, Haridwar and prayed for a sum of Rs.5,56,775.00 as compensation with 12% per annum interest.