BHARTI AXA GENERAL INSURANCE COMPANY LIMITED Vs. MUMINA

JUDGEMENT

(1.) The present Appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 against the Judgment and Order dated 23.2.2010 passed by the Workmen's Compensation Commissioner, Agra whereby compensation amounting to Rs. 3,65,710/- with simple interest at the rate of 12% per annum has been awarded to the claimant-respondent nos. 1 to 5 on account of the death of Shakil Abbas in an accident which took place on 13th July, 2009 at 5.00 A.M.

(2.) The claimant-respondent nos. 1 to 5 filed Claim Case being W.C.A. No. 127 of 2009 before the Workmen's Compensation Commissioner, Agra, inter-alia, stating that the claimant-respondent no. 1 was the widow of the said Shakil Abbas, the claimant-respondent nos. 4 and 5 were the parents of the said Shakil Abbas and the claimant-respondent nos. 2 and 3 were the children of the said Shakil Abbas; and that the said Shakil Abbas was employed as cleaner on Truck No. RJ 11 GA-2418 (herein-after also referred to as " the vehicle in question") owned by Ravi Shanker Sharma (respondent no.6 herein) on a monthly salary of Rs. 4,000/- per month and Rs. 100/- per day towards diet expenses; and that the said Shakil Abbas had gone on the vehicle in question as cleaner from Agra to Delhi; and that when the said Shakil Abbas was returning on the vehicle in question as cleaner from Delhi to Agra and the vehicle in question reached near Ballabh Garh on Agra Delhi Road at 5.00 A.M. on 13th July, 2009, the vehicle in question collided with another vehicle, as a result of which, the said Shakil Abbas sustained serious injuries and he died during his treatment.

(3.) Despite notice having been sent to the owner of the vehicle in question (Ravi Shanker Sharma-respondent no.6 herein) by Registered Post and despite several opportunities having been given to him, the said owner did not appear in the case nor did he file his Written Statement, and consequently the Order dated 24.12.2009 was passed directing the case to proceed ex-parte against him.