ORIENTAL INSURANCE CO. LTD. Vs. SEEMA DEVI

JUDGEMENT

(1.) This appeal has been filed against the award of the Employees' Compensation Commissioner, Meerut dated 22.4.2017 in Case No. E.C. No. 186 of 2006.

(2.) Briefly, the facts of the case are that the claimant - Sansar Singh had been engaged on the post of driver by the Uttar Pradesh State Road Transport Corporation and that while on duty/driving the bus of the said corporation bearing registration no. UP- 25T-5451, the said bus met with an accident on 11.02.2006 while on way from Bareilly to Delhi. In that accident the claimant Sansar Singh was seriously injured. He was initially admitted in a Government Hospital at Bareilly and thereafter he was shifted to Guru Teg Bahadur Hospital Delhi and thereafter to Safdarjang Hospital, New Delhi owing to his serious medical condition. In the course of treatment both legs of Sansar Singh were amputated and thus he became 100% disabled. On the date of accident, according to the service book the age of Sansar Singh was 42 years.

(3.) Arising from the above accident, claim petition was filed by Sansar Singh in the year 2006 which remained pending for unduly long period. During the pendency of the claim petition, the claimant Sansar Singh expired on 26.05.2012. Resultantly his legal representatives were substituted. The impugned award has been passed in their favour by awarding Rs. 4,06,656/- together with 12% interest from 11.03.2006 till the date of payment. In the proceedings before the Employee's Compensation Commissioner, Meerut, objections were raised by the insurer to the effect that on the date of the accident Sansar Singh did not have a valid driving licence; that the injury report of the Bareilly Hospital was not filed and therefore, the fact of the injuries received as a result of accident was not proved and further it was submitted; and that the age of Sansar Singh was 61 years on the date of accident and therefore, the compensation, if any, ought to be awarded accordingly.