LAWS(ALL)-2010-7-162

ORIENTAL INSURANCE COMPANY LTD Vs. RAJKALI

Decided On July 06, 2010
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
RAJKALI Respondents

JUDGEMENT

(1.) The present Appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 against the judgment and Order dated 30.3.2010 passed by the Workmen's Compensation Commissioner, Bulandshahr whereby compensation amounting to Rs. 3,01,304/- with simple interest at the rate of 6% per annum has been awarded to the claimant-Respondent No. 1 on account of the death of Devendra Singh, son of the claimant-Respondent No. 1 in an accident, which took place at 9 A.M. on 29.12.2005.

(2.) The claimant-Respondent No. 1 filed Claim Case being W.C.A. No. 07 of 2006 before the Workmen's Compensation Commissioner, Bulandshahr, inter alia, stating that her son Devendra Singh was employed on the post of Driver at Sohrab Gate Depot, Merrut of the Respondent No. 2 for driving Bus bearing Registration No. U.P. 15L/6738; and that on 29.12.2005, the said Devendra Singh was taking the said Bus from Meerut to Bareilly; and that at 9 a.m. on the said date, when the said Bus reached village-Megha Nangla, Police Station-Shahjadnagar on National Highway, Bareilly, a Tractor bearing Registration No. U.P. 22A 2567 coming from the opposite direction and being driven rashly and negligently collided with the said Bus as a result of which the said Devendra Singh was seriously injured, and he died in the Government Hospital, Rampur.

(3.) The Appellant-Insurance Company as well as the Respondent No. 2 (U.P. State Road Transport Corporation) filed their respective Written Statements.