NATIONAL INSURANCE CO. LTD. Vs. SABA PARVEEN

JUDGEMENT

(1.) Heard counsel for the appellant and perused the impugned award. This First Appeal From Order filed by the National Insurance Company Ltd. Challenges the validity and correctness of the award dated 11.4.2013 passed by Employee's Compensation Commissioner/Labour Commissioner, Azamgarh in E.C.A. No. 21 of 2012, Saba Parveen and others v. Lohit and others whereby the claimants have been awarded a sum of Rs. 6,80,137.50P along with 12% simple interest as compensation in view of death of Liyakat Ahmad, husband of claimant respondent No. 1 and father of respondent Nos. 2 to 6.

(2.) Brief facts of the case are that Liyakat Ahmad was employed as driver on Tata Indica Car No. UP 54F-2998 owned by respondent No. 7 -Lohit son of Prabhat, resident of Chowk, P.S. Kotwali, Tehsil Sadar, district Azamgarh. On the fateful day i.e. 25.11.2011 he was taking the aforesaid car from Azamgarh to Lucknow on the instructions of his employer/owner of the car Sri Lohit aforesaid. The car met with an accident near Sukul Bazar with a tractor trolley which was standing in the middle of the road without any indicator/light on. Liyakat Ahmad, driver of the car could not see the trolley and dashed with its rear portion and suffered grievous injuries. He was taken to B.H.U. on 28.11.2011 and he succumbed to the injuries there. Liyakat Ahmad was 40 years of age at the time of his death.

(3.) Claim Petition E.C.A. No. 21 of 2012 was preferred by the claimant respondent Nos. 1 to 6 against the appellant insurance company as well as owner of the vehicle claiming a sum of Rs. 8,21,680/- along with 18% interest.