ORIENTAL INSURANCE CO Vs. ABHILASHA

JUDGEMENT

(1.) This appeal is preferred on behalf of the appellant/insurer under section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act') being aggrieved by the order/award dated 26-5-2010 passed by the Commissioner for Workmen's Compensation-Labour Court, Jabalpur in Case No. 210/04/Fatal awarding the claim of respondent No. 1 regarding death of her son Akhilesh, aged 18 years in the accident while discharging the duty under the employment of respondent No. 2 on his bus bearing Registration No. MP 20-G-2521 for the sum of Rs.3,84,846/- along with interest at the rate of 7.5% per annum on such sum from the date of filing the claim petition i.e 23-7-2004.

(2.) The short facts of the case necessary to adjudicate the question of admission are that respondent No. 1 herein filed the claim petition before the subordinate tribunal contending that her son Akhilesh, aged 18 years, was working as conductor/helper under the employment of respondent No. 2 on his bus bearing Registration No. MP20-G-2521, insured with the appellant. As per further averments, on 27-5-2004, said Akhilesh was discharging his duty under the employment of respondent No. 2 between Lakhnadon and Ghansor. On the way, due to rash and negligent driving of the aforesaid bus, the same turned turtle, resultantly, said Akhilesh sustained the injuries and succumbed to it on the spot. Subsequent to it when the amount of compensation was not paid by the respondent No. 2 as well as by the appellant then this petition is preferred by respondent No. 1 for compensation of Rs.4,00,000/- and also the interest on it.

(3.) In spite service of the notice, respondent No. 2 the registered owner of the bus was proceeded ex parte before the tribunal.