ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. SHAKUNTLA

JUDGEMENT

(1.) Heard Shri. S.K. Mehrotra, learned counsel for the appellant and Shri Pawan Giri, Advocate holding brief of Shri B.N. Pathak, learned counsel for the respondent.

(2.) This appeal has been filed against judgement and award dated 31.05.2014 passed by Workmen's Compensation Commissioner/ Assistant Labour Commissioner, Bulandshahr in E.C.A Case No. 24 of 2011 (Smt. Shakuntla Devi and another Vs. Veerpal Singh and another) by which the learned Commissioner has compensation of Rs. 4,42,740/- along-with 12% simple interest from the date of filing of the petition.

(3.) Before the learned Commissioner an application was given under Section -? Workmen Compensation Act (Employee Compensation Act), 1923, stating that the son of the claimant Naresh Kumar Sharma, aged about 22 years was employed as conductor/cleaner on TATA LPT No. U.P 75-A/4115 and he was given a salary of Rs. 4,000/- per month with Rs. 50 per day for diet. The accident took place on 24.01.2009, when as per direction of the vehicle owner the deceased after loading vegetables on the said vehicle was going to Noida with the driver Bhanu Prakash. The vehicle reached in between Kasna-Tuglakpur, some noise started coming from the gear box of the vehicle whereupon driver Bhanu Prakash stopped the vehicle on the road side and sought direction from the vehicle owner on telephone and on his direction sent the deceased to village Tuglakpur to bring mechanic. The deceased took lift on a motor-cycle and while going to Tuglakpur, when the motor-cycle reached close to Pari Chauk, some unknown motor-cycle dashed on the motor-cycle and the motor-cycle slipped on the road side and the deceased sustained serious injuries on his head. He was taken to Kailash Hospital, Noida. His condition was serious and when the family members of the deceased reached, he was admitted to Sharda Hospital, Noida and on 24.01.2009 in the midnight the head of the deceased was put to serious operation and during treatment on 01.02.2009, he died in the hospital. FIR was lodged, inquest was prepared and the other police papers were submitted with the application. The deceased died during the course of employment of the vehicle owner and the said vehicle was insured at the time of accident, therefore, this petition has been filed.