NATIONAL INSURANCE CO LTD Vs. NALINI DEHWARI

JUDGEMENT

(1.) The insurer has filed this appeal under section 30 of the Workmen's Compensation Act challenging the judgment passed by the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (for short, 'the Commissioner').

(2.) Claimant-respondent No. 1 is the widow of late Dhruba Charan Dehwari and claimant-respondent Nos. 2 and 3 are the parents of the deceased. The deceased was employed as a driver in truck bearing No. OR 05-3915 belonging to respondent No. 4. The said truck was going from Cuttack to Burla being loaded with Amul Spray. On the way the vehicle was waylaid by culprits and the consignment of the Amul Spray was looted and subsequently from a nearby place, the body of the deceased driver was recovered. The claim application was filed by the widow and the parents of the deceased alleging that death had occurred in an accident arising out of and in course of employment.

(3.) The owner filed written statement admitting about the employment. It was stated by him that the deceased was getting a sum of Rs. 1,800 per month towards salary and Rs. 15 per day towards feeding allowance. It was further stated that compensation, if any, should be paid by the insurance company. The insurance company filed written statement denying in general terms the allegations made in the claim application.