PARKASH CHAND Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The petitioners, in the instant appeal, are aggrieved against the dismissal of their claim petition by the learned Commissioner Employee's Compensation, Barsar, District Hamirpur vide order dtd. 28/3/2012. Parties hereinafter are referred to as they were before the learned Commissioner.

(2.) The claimants filed a petition under Sec. 22 of the Employee Compensation Act. They pleaded that Naresh Kumar was their son. He was working as a Conductor on bus No. HP-21- 5530. The bus was owned by respondent No. 2-A (Ramesh Chand). Naresh Kumar was employed by respondent No. 2-A as conductor on the bus and was being paid a monthly salary of Rs.2500.00 along with daily diet money of Rs.100.00 etc. In the course of his employment with respondent No. 2-A, Naresh Kumar sustained grievous burn injuries on 1/8/2005. After the accident, he was brought to Zonal Hospital, Hamirpur and further referred to Indira Gandhi Medical College, Shimla, where he remained under treatment till 7/11/2005 when he finally succumbed to his injuries. Compensation of Rupees five lacs or more was prayed by the parents of deceased Naresh Kumar.

(3.) On considering the entire material available on record, learned Commissioner held that Naresh Kumar died in the course of his employment as Conductor on bus bearing No. HP-21-5530. Learned Commissioner, however, dismissed the claim petition on the ground that the accident causing Naresh Kumar's death had occurred because of deceased's own negligence. It will be apt to extract the relevant part of the finding of learned Commissioner in this regard: