LAWS(P&H)-2005-1-27

ORIENTAL INSURANCE CO LTD Vs. RACHNA DEVI

Decided On January 20, 2005
ORIENTAL INSURANCE CO.LTD. Appellant
V/S
RACHNA DEVI Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant insurance company against the award dated 10.6.2004 passed by the Commissioner under Workmen's Compensation Act, (hereinafter referred to as 'the Act') vide which Rs. 4,07,000 have been awarded as compensation to the claimants on account of death of Sohan Singh, deceased, during the course of his employment while working as a driver with Jagjot Singh, respondent (owner of the vehicle and employer of the deceased).

(2.) After hearing the learned counsel and perusing the record, in my opinion, there is no merit in this appeal and the same is liable to be dismissed.

(3.) The claimants had filed the claim application under the Act seeking grant of compensation for the death of Sohan Singh, deceased, who was employed as a driver with Jagjot Singh, respondent and had died in the course of his employment. Inasmuch as he was murdered during the way when he was going from Gurgaon to Patna along with the goods loaded in the truck driven by him. After considering the entire matter, the Commissioner under the Act found that the claimants were entitled to the compensation on account of death of Sohan Singh, deceased, during the course of his employment and that the owner (employer) and the insurance company, both were held liable to pay the compensation amount to claimants along with interest, etc. Aggrieved against the same, appellant insurance company filed the present appeal in this court.