LEELA DEVI Vs. HIND SECURITY COMPANY & ANOTHER

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dated 12.01.2010 passed by the Workmen's Compensation Commissioner, Haldwani, District Nainital, whereby the Workmen's Compensation Commissioner has rejected the claim petition bearing No. W.C.A No. 24 of 2005 filed by the appellants.

(2.) Brief facts of the case are that the deceased- Narayan Dutt Pandey, who was the resident of Sanjaynagar-I, Bindukhata, Lalkuwa, District Nainital, working in factory of respondent No.2 as security guard on the services provided by M/s Hind Security Company i.e. respondent No.1. On 01.01.2005 the dead body of late Narayan Dutt Pandey found at factory gate of his employer M/s Mohit Petro Chemical Ltd. Nageena Raod Bijnore.

(3.) Though, the dead body of deceased- Narayan Dutt Pandey was found at the factory gate of respondent no. 2 and who died in unnatural death, the respondents did not lodge a FIR at the nearby Police Station in regard to the unnatural death of late Narayan Dutt Pandey, rather they took the dead body to the residence of complaint. Considering the unnatural death of Narayan Dutt Pandey his post mortem was conducted at Government Hospital Haldwani, the cause of death assigned in the post mortem report, shock and hemorrhage, anti mortem injuries received on the body of deceased. At the time of incident the deceased was getting a salary of Rs. 8,000/- per month from the employment of respondent No. 2.