ORIENTAL INSURANCE CO LTD Vs. C VANHLIRA

JUDGEMENT

(1.) BY this appeal, filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter called 'the Act'), the judgment and award, dated 20.08.2009, passed by the learned Commissioner, Workmen's Compensation, Aizawl, in W.C. Case No. 04 of 2007, has been challenged.

(2.) ONE Rochharliana, S/O. Thangliana (L) (hereinafter called 'the deceased'), was the younger brother of the claimant-respondent No. 1. The said deceased was working as a driver in respect of a Bolero vehicle, bearing Registration No. MZ-01/B-9120. While driving the said Bolero vehicle, under the employment of Sri Collen Lalsangpuii, the deceased met with an accident, on 23/5/2006 and as a result of which, he succumbed to the injuries, sustained by him. According to the claimant-respondent, the deceased was earning Rs. 4,000/- as his monthly salary and that after the death of their parents, the deceased, who was unmarried, was living with the claimant-respondent and his family, supporting the claimant by paying him Rs. 3,000/- per month. According to the claimant, he and his family members were dependant on the income of his said deceased. In view of the death of the deceased, in the said vehicular accident, the claimant filed a claim case before the Commissioner, Workmen's Compensation, Aizawl. The concerned vehicle was insured with the Oriental Insurance Co. Ltd. i.e. the appellant-respondent No. 2.

(3.) THE insurer, by filing written statement, raised the question regarding the locus standi of the claimant in filing the claim petition. The opposite party No. 2 further denied that the claimant was a dependant of the deceased.