NEW INDIA ASSURANCE CO. LTD. Vs. ROSHNI DEVI

JUDGEMENT

(1.) Both these appeals arise out of the same occurrence which took place on 7.8.2006. The facts are being extracted from FAO No.6585 of 2010.

(2.) On the fateful day i.e. 7.8.2006, Bunty Gill and Joga Singh @ Jora Singh, who were working as cleaner and driver, respectively, died in a motor vehicular accident. The whole case of the claimants is that the death took place arising out of and in the course of employment.

(3.) The claim was contested by the employer as well as by the Insurance Company. The stand took by the employer is that death of the workmen took place during the course of employment. However, the employer had shifted the burden of payment of compensation upon the Insurance Company.