LAWS(ALL)-2020-12-30

SHIV LAL Vs. VIVEK SHANKAR GUPTA

Decided On December 10, 2020
SHIV LAL Appellant
V/S
Vivek Shankar Gupta Respondents

JUDGEMENT

(1.) Heard Sri Shreesh Srivastava, learned counsel for the appellant and Sri Radhey Shyam, learned counsel for respondent-Insurance Company. Owner's presence is not required, hence, no notice is issued.

(2.) This appeal, at the behest of the claimants, challenges the judgment and order dated 29.10.2020 passed by Commissioner, Workmen's Compensation Act, 1923/Additional Labour Commissioner, (hereinafter referred to as 'Commissioner') in E.C. Case No.42 of 2018 awarding a sum of Rs.8,28,852/- as compensation with interest at the rate of 9%.

(3.) Fact that the deceased was an employee is not in dispute; death caused due to vehicular accident which can be said to be arising out of his employment is not in dispute and; the Insurance Company having insured the vehicle with the workmen is not in dispute, hence, no facts are mentioned except that the accident occurred on 24.10.2017 and the compensation would fall due on 24.11.2017 and no technical pleas are raised. Compensation awarded is not in challenge.