HARVIR KAUR @ SIMRAN KAUR Vs. RAMESH KUMAR

JUDGEMENT

(1.) The application for condonation of delay of 51 days in filing the present appeal has been filed. In view of the averments made, duly supported by the affidavit of Harvir Kaur @ Simran Kaur-appellant, the application is allowed. The delay of 51 days in filing the appeal is condoned.

(2.) Counsel for the appellant has contended that the statutory interest @ 12% was liable to be paid, instead of 9% granted from the date of the accident and funeral expenses to the tune of Rs. 5,000/- under Section 4(4) of the Act were liable to be paid by the Insurance Company apart from the penalty proceedings which should have been initiated against the respondent No.1 employer.

(3.) The deceased was aged around 26 years while driving the Jeep of the respondent No. 1 and on account of the rear tyre bursting, he lost control of the vehicle and it went off the road and hit a tree, due to which he received injuries and was taken to the hospital in Fatehgarh Sahib but died on the way. The DDR No. 14 dated 14.01.2010 was lodged at P.S. Mullepur, District Fatehgarh Sahib and, accordingly, a postmortem was also conducted.