NEW INDIA ASSURANCE CO LTD Vs. VIMLA DEVI

JUDGEMENT

(1.) The present Appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 against the Order dated 1.5.2010 passed by the Workmen's Compensation Commissioner, Agra awarding compensation amounting to Rs. 3,68,340 with simple interest @ 12% p.a. in the event of default in payment of compensation within the prescribed period.

(2.) It appears that the Claimant-Respondent Nos. 1 to 5 filed a Claim Case under the Workmen's Compensation Act, 1923 against Mangal Singh (respondent No. 6 herein) and the Appellant-Insurance Company. The case was numbered as W.C.A. No. 128 of 2009.

(3.) It was, inter alia, stated on behalf of the claimant-respondent No. 1 to 5 that the deceased Rajan Singh was employed with the respondent No. 6 herein i.e. Mangal Singh as driver for driving Tractor bearing Registration No. UP 85 T-5269 for a salary of Rs. 4,000 p.m. and Rs. 100 per day towards diet expenses; and that when on 15th July, 2009, during the course of employment, the said Rajan Singh was driving the Tractor moving the same forward and backward for agricultural work, then the Tractor suddenly overturned and the said Rajan Singh was crushed under the Tractor and died.