NEW INDIA ASSURANCE COMPANY LIMITED Vs. SEEMA

JUDGEMENT

(1.) Heard learned counsel for the parties. The appeal is taken up for final hearing at admission stage with their consent. This is an appeal under Sec. 30 of the Employees Compensation Act, 1923 (for short E.C. Act). The challenge herein is to the order dtd. 16/10/2020, passed in W.C.F.A. No.6/2016, granting compensation to the respondents No.1 to 3 herein on account of death arising out of injury caused to late Ravindra by accident, arising out of and in the course of his employment with the respondent No.4, Director of Health Services. The order impugned herein reads thus :

(2.) It is the case of the respondents No.1 to 3 (legal representatives of the deceased) that the deceased Ravindra was in service with the respondent No.4 as a Driver. He would drive an Ambulance, No.MH-14-CL-896. He was on duty on 24/10/2014. One Chandrakant Mukhmale was to succeed him on duty for the day. The duty hours of the deceased, however, were not over. For some work, the deceased wanted to visit his own residence. He, therefore, borrowed the motorbike of his colleague and started thereon. The motorbike ridden by the deceased hit the roadside stone on way. As a result, the deceased suffered multiple injuries and succumbed thereto.

(3.) The L.Rs. of the deceased moved the application for compensation against the respondent No.4 employer and the insurer of the Ambulance (appellant herein). It is their case that, the deceased was paid a monthly salary of Rs.6000.00. His death occurred as a result of injuries suffered in an accident arising out of and in the course of his employment.