RELIANCE GENREAL INSURANCE CO. LTD. Vs. WARISHAN

JUDGEMENT

(1.) Heard Shri. Rahul Sahai, learned counsel for the appellant and Shri Ved Mani Sharma, learned counsel for the respondents.

(2.) This first appeal has been filed against award dated 30.10.2013 passed by Workmen's Compensation Commissioner/Assistant Commissioner, Bareilly, in Case No. 16/E.C.A/12 (Smt. Warishan and others Vs. Reliance General Insurance Co. Ltd. and another) by which the learned Commissioner has awarded compensation of Rs. 5,19,154/- along-with 8% simple interest per annum from the date of award.

(3.) Before the learned Commissioner an application was filed under Employees Compensation Act, 1923 as amended in the year 2010 for award of compensation. In the application it was alleged that the husband of the claimant Shakeel Shah alias Shakir Shah was driver of defendant no. 2 in his private car bearing registration no. U.P 25-E/4065 on payment of Rs. 6,000/- per month with other expenses. On 15.09.2011, the deceased was coming from Pilibhit to Bareilly by that car, at about 7 p.m, on the turn of village Gotiya the car suddenly became out of order and stopped. The deceased came out of the car and standing on the road side, he started giving information on phone to the car owner. While he was giving information, some unknown vehicle dashed the deceased because of which he sustained serious and fatal injuries. He was taken to Mahajan Hospital, Bareilly for treatment from where he was referred to Lucknow Medical College where he was admitted and died on 22.09.2011. FIR was lodged in respect of the accident and offence was registered as crime no. 962/2011 under Section 279, 338, 304-A I.P.C. The car owner gave Rs. 25,000/- for the treatment of the deceased and nothing more was provided despite the demand raised by the claimant. The car owner said that the compensation can be claimed from the Insurance Company and relevant papers was given by him to the claimant. The said car was insured with the Insurance Company at the time of accident. Therefore, the petition was filed for compensation.