NATIONAL INSURANCE CO LTD Vs. RANA DEV SUTRADHAR

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the judgment and order dated 29. 5. 2002 passed in w. C. Case No. 217 of 2001 by the learned commissioner, Workmen's Compensation, kamrup at Guwahati allowing a compensation of Rs. 4,23,580 to the respondents-claimants.

(2.) THE respondent Nos. 1, 2 and 3 filed the claim petition for compensation on death of Dara Singh Sutradhar who was working as driver of a mini truck bearing registration No. AS 01-C 3182 belonging to the respondent No. 4.

(3.) ON 29. 7. 2001, Dara Singh Sutradhar was driving the aforesaid vehicle with c. R. P. F. personnel on way to Rangjuli. On the way at Bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. As a result, Dara Singh sutradhar along with two other persons died. Vehicle was insured with the appellant insurance company. The death of the driver was in course of his employment and, as such, an application for compensation was filed under the Workmen's compensation Act. It may be mentioned here that the claim petition has been filed by the brother of the deceased, sister (widowed) and her son.