RAJESHKUMAR AMBALAL CHAUHAN Vs. RAJENDRAKUMAR RAJNIKANT SHAH

JUDGEMENT

(1.) Heard learned advocate Mr.Harshadray Dave for the appellants and learned advocate Mr.K.K. Nair for the respondent No.2. On behalf of the first respondent nobody appeared despite service.

(2.) The present appeal arises from judgment and award dated 30th June, 2007 passed by learned Workmen's Compensation Commissioner in Workmen's Compensation Case No.24 of 1996 whereby the Commissioner awarded compensation of Rs.01,64,962.50 Ps. with 9% interest from the date of order till payment. The Commissioner also awarded penalty at the rate of 50%. The appellants herein are the original petitioners before the Commissioner, and they are the heirs of the deceased, the first petitioner being the mother of the deceased. They have preferred this appeal for enhancement.

(3.) The facts are that the son of appellant No.1 Revaben died in an accident on 18th May, 1996 when he was driving Maruti Car No.GJ-7A-2142 belonging to the first respondent. It was the case that the deceased was working as an employee-driver of the first respondent and on the fateful day, the deceased was going from the office place to the residence of the employer-first respondent taking Rs.10.00 lakhs in the aforesaid car at around 04.30 p.m. at the place called College Road, some unidentified persons fired at the car and thereafter looted the money. In the incident the deceased succumbed to the injuries. The maruti car of the first respondent was insured by the second respondent-insurance company. A complaint was registered about the incident at Borsad Police Station.