ORIENTAL INSURANCE COMPANY LTD Vs. BHIKMU

JUDGEMENT

(1.) By way of this appeal filed under Sec. 30 (1) of the Employee's Compensation Act, 1923, the appellant herein has assailed award dtd. 27/11/2015, passed by the Court of learned Civil Judge (Senior Division), Shimla, exercising the powers of Commissioner, under the Employee's Compensation Act, 1923, in claim petition No. 19/2 of 2011/2013, titled as Smt. Bhimku and another vs. Sh. Roop Lal and another, which petition stood allowed by the learned Commissioner in the following terms:-

(2.) Brief facts necessary for the adjudication of the present appeal are that a petition under Sec. 4 of the Employee's Compensation Act, claiming grant of Rs.15.00 Lac as compensation, was filed by the claimants/petitioners on the ground that deceased Inder Singh, their son, whose date of birth, in terms of certificate Ext. PW4/A was 26/5/1987, lost his life in harness, in an accident on 13/2/2011, while performing his duties as Driver of Truck bearing registration No. HP-63-0708, which ill-fated vehicle met with an accident on the ill-fated day while on way from Bharara to Parwanoo near Bagipul. According to the claimants, the income of the deceased was Rs.7500.00 per month, as was being paid to him by employer/ respondent No. 1, and in addition, the employer was also paying Rs.100.00 per day to the deceased. On these bases, compensation to the tune of Rs.15.00 Lac was claimed.

(3.) The petition was resisted by respondent No. 1 before the learned Commissioner inter alia on the ground that the deceased lost his life on account of rash and negligent driving and further compensation, if any, was payable by Oriental Insurance Company, with whom the Truck in question was duly insured.