ORIENTAL INSURANCE LTD Vs. COMMISSIONER WORKMAN COMPENSATION

JUDGEMENT

(1.) This appeal, under Section 30 of Workmen's Compensation Act, 1923, has been preferred by Oriental Insurance Co. Ltd i.e. Insurer of offending vehicle No. U.A.04/6622, against the judgment and order dated December 22, 2006, as amended by order dated January 6, 2007, passed by Commissioner Workmen's Compensation/Assistant Labour Commissioner, Uttaranchal at Haldwani, Nainital in W.C.A. No. 9/2005, Smt. Champa Devi v. Shri Devendra Kumar Pandey and Another.

(2.) Brief facts of the case, according to the claimant, are that Jai Dutt Joshi, husband of the claimant, was employed as driver on vehicle; No. U.A.04-6622 owned by opposite party No. 1 and he died on December 7, 2004 during the course of employment. The deceased was 35 years of age at the time of accident and used to get Rs. 3000/- per month as salary by working as driver. The claimant claimed a sum of Rs. 3,00,000/- as Compensation along with interest of 12% per annum from the date of accident till the date of payment.

(3.) Opposite party No. 1 owner of vehicle contested the claim petition by filing his written statement. He has admitted the fact that he had employed the deceased-Jai Dutt Joshi as driver on his vehicle i.e. Bus No. U.A.04-6622. He has also admitted the factum of death, of deceased in the accident as well as factum of salary of deceased as Rs. 3000/- per month. It has also been admitted that on the date of accident all the papers of vehicle in question were valid and vehicle was insured.