NATIONAL INSURANCE COMPANY LIMITED Vs. SHEELA RANI

JUDGEMENT

(1.) The National Insurance Company Limited (hereinafter referred to as 'the Insurance Company') has preferred this appeal against the order/award dated 20.6.2005 passed by the Commissioner under the Workmen's Compensation Act, 1923, Jind (hereinafter referred to as 'the Commissioner'). Laxman Dass (workman-deceased), aged about 65 years, who was working as a Driver on Truck bearing registration No. HR-38J-3585 belonging to respondent No. 2, while on duty on 23.1.2003 was found murdered in the truck. The Commissioner by taking the salary of the deceased as Rs. 4,000 awarded compensation to his dependents to the extent of Rs. 2,20,280 with interest at the rate of 12 per cent per annum from 23.2.2003 to 20.6.2005 and expenses at the rate of Rs. 2,000 total amounting to Rs. 2,83,740. It was further ordered by the Commissioner that in case the amount of compensation along with interest is not deposited within a month from the date of communication of the order, the amount of compensation would be recoverable with interest at the rate of 12 per cent per annum from respondent No. 2 (appellant herein).

(2.) The case of the claimant is that the workman-Laxman Dass on the direction of his employer was working on Truck No. HR-38-J-3885. On 18.1.2003 to 23.1.2003, the workman-Laxman Dass was driving the said truck and was coming from Calcutta to Delhi along with cleaner. He was found murdered on 23.1.2003. So he has died while in the course of employment. On the other hand, the employer's case is that there is no certainty as to how workman has died. It is not certain whether he has died while in discharge of the duties assigned to him. In absence of any concrete evidence regarding death in the manner alleged, the employer as well as the Insurance Company was not at all liable to pay the compensation.

(3.) I have heard learned counsel for the parties and have perused the record.