NATIONAL INSURANCE CO LTD Vs. S K ALLAUDDIN

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Commissioner for Workmen's Compensation - cum -Assistant Labour Commissioner (in short, the 'Commissioner') dated 10th February, 1999, in W.C. Case No. 71/1997).

(2.) THE claimant -respondents 1 to 7 filed an application claiming compensation to the tune of Rs. 2,00,000/ - for the death of Sk. Shamim, son of claimant respondent No. 1 on account of a road accident. The skeletal picture of the claimants' case is as follows : On 3.10.1996 at about 1.00 A.M. when the truck bearing registration number OR -11 -8188 reached near village Palora on N.H.6 all of a sudden it fell into a ditch and caused a serious accident as a reason whereof, the first claimant's son Sk. Shamim died instantaneously. After the accident, the deceased was taken to Ulberia Hospital for post mortem examination by the O.I.C., Ulberia P.S. and P.S. Case No. 152/96 was registered and subsequently charge -sheet was submitted in G.R. Case No. 554 of 1996. It was claimed that the deceased was working as a Helper in the truck at the time of accident.

(3.) THE Commissioner after carefully considering the evidence adduced before him by the parties directed the Insurance Company to pay Rs. 1,69,785/ -. Therefore, being aggrieved by and affected with the award of the Commissioner, the Insurance Company has filed this appeal.