NATIONAL INSURANCE COMPANY LIMITED Vs. ASHA PACHAURI

JUDGEMENT

(1.) This appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the EC Act') has been filed against the judgment and award dated 22.09.2010 passed by Workman Compensation Commissioner and Deputy Labour Commissioner, Lucknow Region, Lucknow (hereinafter referred to as 'the Commissioner') in WCP No.33 of 2008, whereby the Commissioner has awarded compensation of Rs.3,98,800/- to the claimant Smt. Asha Pachauri on account of death of his son Praveen Pachauri, who died in a mother accident occurred on 18.08.2008 at about 5:30 a.m., when the deceased was driving auto rickshaw under the employment of respondent no.2 Neeraj Pachauri, the bother of the deceased.

(2.) The brief facts for deciding this first appeal from order are that respondent no.2 Neeraj Pachauri owned an auto rickshaw having Registration No.UP 32-BN 7074. According to him, the auto rickshaw was driven by him in day time and the same was given to the deceased to be driven in between 7:00 p.m. to 8:30 a.m. on payment of Rs.4000/- per month. The deceased was unmarried. The claimant Smt. Asha Pachauri, who is the mother of the deceased Praveen Pachauri, was dependant upon the income of the deceased. Respondent no.2 Neeraj Pachauri used to reside separately with his mother. On 18.08.2008 at about 5:30 p.m., when the deceased after taking the passengers from PGI to Charbagh on the auto rickshaw met an accident with an unidentified vehicle near supply depot. Consequently, a fire broken in the front portion of the auto rickshaw. In this incident, the deceased Praveen Pachauri received serious burn injuries and died on the spot along with one passenger of the auto rickshaw, who belongs to Bareilly. In the said accident, all the documents relating to auto rickshaw and the driving license of the deceased along with cash were burnt. A first information report of the said accident was also lodged on the same day by Neeraj Pachauri. The postmortem examination of the deceased was conducted in Lucknow Medical College. The auto rickshaw was admittedly insured on the date of accident with the appellant Insurance Company. The date of birth of Praveen Pachauri was 07.08.1974 and as such, his aged at the time of accident was 34 years.

(3.) The owner of the auto rickshaw moved an application to the Insurance Company for granting compensation but the appellant Insurance Company vide its letter dated 17.10.2008 informed that as Praveen Pachauri died during the course of his employment, therefore, he may approach to the Commissioner under the provisions of Worksman Compensation Act. Smt. Asha Pachauri moved for compensation to Commissioner where on the basis of structured formula, an amount of Rs.3,98,800/- has been awarded as compensation in favour of Smt. Asha Pachauri, the mother of the deceased.