ORIENTAL INSURANCE CO.LTD. Vs. SANGITA AND OTHERS

JUDGEMENT

(1.) CIVIL Misc.Delay Condonation Application No.274311 of 2009 has been filed on behalf of the Appellant-Insurance Company, inter-alia, praying for condonation of delay in filing the Appeal

(2.) THE claimant-respondent nos. 1 to 3 filed an application for award of compensation under the Workmen's Compensation Act, 1923, inter- alia, stating that the said Rajeev Kumar was appointed as Driver by the said Bhagwan Singh ( respondent no.4 herein) for the aforesaid Vehicle in question, and was working as such for the last one year; and that the said Bhagwan Singh ( respondent no.4 herein)j was registered owner of the aforesaid Vehicle in question while the Appellant-Insurance Company was the insurer of the said Vehicle; and that the said Bhagwan Singh ( respondent no.4 herein) used to pay to the said Rajeev Kumar, Rs.4000/- per month as salary and Rs.50/- per day towards diet expenses. It was, inter-alia, further stated in the said Application that the said Rajeev Kumar was taking the aforesaid Vehicle in question from Ghaziabad to Shamli on 26.2.2008; and that when the said Rajeev Kumar reached near Hasanpur Butrari, the aforesaid Vehicle in question overturned in an effort by the said Rajeev Kumar to save a cyclist coming from the opposite direction; and that as a result, the said Rajeev Kumar sustained serious injuries, and he was admitted in Vohra Nursing Home, Shamli for treatment where the Doctors declared the said Rajeev Kumar as dead; and that the said Rajeev Kumar was aged 32 years at the time of the accident. It was, inter-alia, further stated in the said Application that at the time of the accident, the said Rajeev Kumar was in employment of the said Bhagwan Singh ( respondent no.4 herein) as Driver, and he was driving the aforesaid Vehicle in question under the orders of the said Bhagwan Singh (respondent no.4 herein).

(3.) FROM a perusal of the record, it is evident that in the Application filed on behalf of the claimant-respondent nos. 1 to 3 (Annexure 2 to the Affidavit accompanying the Stay Application), it was, inter-alia, stated that the deceased Rajeev Kumar was being paid Rs.4,000/- per month as salary and Rs.50/- per day as diet expenses by the said Bhagwan Singh ( respondent no.4 herein). Smt.Sangita (claimant-respondent no.1), who was examined as a witness on behalf of the claimant-respondent nos. 1 to 3, in her statement, inter-alia, reiterated that the said Rajeev Kumar was being paid salary of Rs.4,000/- per month and Rs.50/- per day towards diet expenses by the Owner of the aforesaid Vehicle in question, namely, Bhagwan Singh (respondent no.4 herein).