REKHA Vs. KASIM ABBAS AND ANOTHER

JUDGEMENT

(1.) Heard Sri Abhinav Kumar Pandey holding brief of Sri Ashok Kumar Srivastava, learned counsel for appellant and Sri Amresh Sinha, learned counsel for respondent. None appears for owner that they deemed to be served.

(2.) This appeal under Sec. 30 of Employees Compensation Act, 1923 ( hereinafter referred to as "Act, 1923") has come up against the judgment and order dated 4.2.2019 passed by Employee Compensation Commissioner / Deputy Labour Commissioner, Mirzapur Region Pipari, Sonebhadra in Case No. EC 31/2014, awarding a sum of Rs. 7,26,893.00 on account of death of Deenanath Kol, who was working as driver on the truck.

(3.) The facts are not necessary as the only dispute is whether the Tribunal was right in ordering conditional grant of interest. The deceased being in employment of respondent no. 1, the vehicle being insured and the death occurring out of the employment injuries is not in dispute and, therefore, the factual data is not narrated except the fact that deceased died on 6.7.2014 out of employment injuries, and therefore the monies were due on 6.8.2014. However, no amount was paid to the heirs of the deceased and grounds which were not to be taken were agitated and the matter was prolonged by the respondent. Despite the fact that the owner accepted that the deceased was employed by it as a driver on the truck which met with accident and the driver died. The respondent did not examined any person to bring home the defences with the insurance company had raised.