VARSHA SANTOSH BIRAJDAR Vs. SUJATA ASHOK POKHARKAR

JUDGEMENT

(1.) Aggrieved by the judgment and award passed in Workmen's Compensation Application No.37/2010 on 4th April, 2013, by the learned Commissioner for Employees Compensation, and Civil Judge, Senior Division, Osmanabad, (hereinafter referred to as Commissioner ) the original claimants have preferred the present appeal.

(2.) The appellants had filed the aforesaid Workmen's Compensation Application seeking compensation amounting to Rs.7,00,000/- ( Rs. seven lacs) on account of accidental death of their son. It was the contention of the appellants in the said application that their deceased son, namely, Santosh Birajdar was working as a Driver on Truck No.MH-18-A-7041 owned by present respondent no.1. On 23.11.2009, while their deceased son was on duty, in the course of his employment, the alleged accident happened and in the accident so happened, their son suffered the death. It was the further contention of the appellants that the deceased was earning Rs.6,000/- per month by way of his monthly salary and was also being paid daily Bhatta of Rs.30/-. It was also the case of the appellants that the truck involved in the accident was insured with respondent no.2 Insurance Company.

(3.) Before the Workmen's Compensation Commissioner, respondent no.1 had raised a plea that the deceased was not employed by her at the relevant time but he had unauthorizedly taken away the truck and the accident happened whereas it was the case of respondent no.2 Insurance Company that the offending truck was never insured with it.