ORIENTAL INSURANCE CO LTD Vs. KRISHNA DEVI

JUDGEMENT

(1.) Aggrieved of the award dated 30-10-2009 by Commissioner, Workmen's Compensation cmu Labour Court,Shahdol, the appellant/non-applicant, Insurance Company prefers this appeal under section 30 of the Workmen's Compensation Act, 1923.

(2.) The brief facts giving rise to the claim application before Commissioner, Workmen's Compensation by the respondents No. 1 and 2, widow and the mother of deceased Dharma Prakash Pandey are that on 23-1-2003,the deceased while employed as Tractor Driver in the employment of respondent No. 3, died when the tractor bearing registration No. MP. 18/9108 which he was driving turned turtle. The tractor was insured with the appellant/respondent.

(3.) In a claim by respondents No. 1 and 2, it was stated that the deceased immediately after his marriage had separated from father and earning his livelihood as driver of the tractor which belonged to his father. The deceased was having a valid licence of driving.