NATIONAL INSURANCE CO LTD Vs. JAHANARA KHATUN

JUDGEMENT

(1.) This appeal is directed under Sec. 30 of the Employees Compensation Act, 1923 ( henceforth 'EC Act') against the Judgment and order dtd. 16/11/2015 passed by the Workmen's (Employees), Commissioner (hereinafter 'Commissioner), Abhayapuri, Bongaigaon in WC Case No.193/2013 awarding compensation amounting to Rs.7,34,372.00 in favour of the claimant/ respondent from the date of receipt of judgment and order to disburse within 30 days in default to pay additional 50 % as penalty along with further interest @ 12 % on the ordered amount.

(2.) The factual matrix leading to this case is that one Akbar Khan, a resident of Village-Bangalpara under Abhayapuri P.S. was a driver by profession and was engaged by the opposite party No.2 i.e. owner of the vehicle, bearing no. AS-19E-2112 as driver of his vehicle. On 27/7/2013, the opposite party No.2 directed his driver to go to Barnihat from Hatigaon, Guwahati to bring his relatives but on the way to Barnihat, some unknown miscreants had kidnapped the driver along with the vehicle and killed the driver and took away the vehicle. Subsequently, the dead body of Akbar Khan was recovered from a place under Barnihat P.S. but the vehicle could not be traced out.

(3.) In connection with the alleged incident, a case was registered vide Hatigaon PS Case No. 285/2013 under Sec. 302/379 of the IPC. The claim petition reveals that at the relevant time of incident , the vehicle No. AS-19E-2112 was duly insured with the National Insurance Company Ltd. i.e. opposite party No. 1 and the Opposite Party No. 2 was the owner of the said vehicle. The claim petition further reveals that the deceased earned an amount of Rs.7000.00per month for his employment under opposite party No. 2.