ORIENTAL INSURANCE CO LTD Vs. JAYANTI DEVI

JUDGEMENT

(1.) THIS appeal, under Section 30 of the Workmen's Compensation Act, 1923, has been preferred against the judgment and award dated 21 -06 -2005, passed by Workmen's Compensation Commissioner and Assistant Labour Commissioner, Haldwani (hereinafter referred as the 'Commissioner'), in WCC NO.3 of 2005.

(2.) ACCORDING the claim petition filed by the claimant, deceased Jeewan Singh son of the claimant was employed a driver on the bus owned by respondent No.2, Ramesh Anand and on the date of accident he was plying the bus D.L.P.B. 7012 from Delhi to Nainital. The bus met with accident on 16 -1 -2004 at about 11 A.M. near Matela Gaon and Jeewan Singh has died. The deceased was earning Rs. 4,000/ - per month. Therefore, petition was filed in lieu of death of Jeewan Singh.

(3.) THE Opposite Party Owner of the Bus admitted the accident and alleged that the death of Jeewan Singh had occurred during the course of his employment. He also alleged that monthly salary of the deceased was Rs. 4,0001 - and the Bus was insured with Oriental Insurance Company and the liability is upon the insurer of the vehicle.