LAWS(ALL)-2002-12-131

NATIONAL INSURANCE CO LTD Vs. SAVITRI DEVI

Decided On December 02, 2002
NATIONAL INSURANCE CO.LTD. Appellant
V/S
SAVITRI DEVI Respondents

JUDGEMENT

(1.) Heard the learned counsel for the insurer appellant. The insurer appellant has filed this appeal under section 30 of the Workmen's Compensation Act, 1923, feeling aggrieved by the award of the Workmen's Compensation Commissioner determining an amount of Rs. 1,85,170 as compensation to which the claimants were found entitled on account of the death of Suresh Chandra, the driver of the motor vehicle owned by Harbhajan Singh.

(2.) The Commissioner after carefully considering the evidence and the material brought on record, came to the conclusion that the driver of the motor vehicle had met his untimely death while in the course of employment. The Commissioner has further observed that although a plea had been raised that the death was really suicide and not an accident as contemplated under section 3 of the Act but in spite of full opportunity no evidence worth the name could be led by the contestant to establish that the death was a suicide and not an accident as contemplated under the aforesaid provision.

(3.) The learned counsel for the appellant has tried to assail the findings of the Commissioner returned against it but has not been able to demonstrate that these findings can be taken to be suffering from any such legal infirmity which may justify an interference.