LAXMI Vs. JAI KARAN PRASAD SHUKLA

JUDGEMENT

(1.) THIS appeal has been preferred as against an order dated 19-9-2005 passed by Commissioner for Workmen's Compensation, Satna in Case No. 12/ wc Act/fatal/2004.

(2.) THE claimants have come up in this appeal aggrieved by the impugned order dismissing their claim petition, they claimed compensation on account of death of Surendra Kumar Dwivedi, a driver in the employment of respondent Jaikaran Prasad Shukla. He used to drive the Jeep (MP-19/9648 ). It was also not disputed by the owner that on 27-6-03, deceased was going from satna to Orchcha, District Chhatarpur, before 7-8 kms. from Chhatarpur at village Gadebara Gautam, some unknown persons committed murder of driver surendra Kumar Dwivedi after gagging his mouth with a cloth. Body was thrown away in the agricultural field. They took away the vehicle, ultimately vehicle could not be traced. Report of the incident was lodged as PS-Civil Lines, chhatarpur on 28-6-03 where the case was under investigation. Autopsy was performed. Deceased used to obtain salary of Rs. 4,000 per month, apart from the allowance of Rs. 50 per day used to be paid to him, his age was 42 years. The claimants prayed for award of suitable compensation along with interest and penalty.

(3.) OWNER in the reply submitted that salary of deceased was Rs. 3500, however, no separate allowance used to be given to the deceased. The vehicle never used to be plied for hire or reward. On date of accident the vehicle had gone from Railway Station to Chhatarpur. The risk was covered under the policy cover note 91963 with effect from 11-4-03 to 10-4-04. Liability, if any, was to be borne by the insurer, thus, he was not liable.