ORIENTAL INSURANCE COMPANY Vs. BHAGAT SINGH

JUDGEMENT

(1.) The Insurance Company has appealed against the award passed by the Commissioner under the Workmen s Compensation Act, 1923, awarding a sum of Rs.4,31,160/- to the claimants for the death of Shri Whether the reporters of Local Papers may be allowed to see the judgement?

(2.) The facts as adjudicated by the Commissioner are that the deceased Kuldeep Singh son of the claimants was engaged as a driver by respondent Devinder Singh. The accidented vehicle HP-08-0327 was insured with the appellant herein. The fatal accident occurred near Neoti on the intervening night of 30 th /31 st August, 2002 when the deceased was driving the vehicle during the course of his employment. FIR No.72 of 2002 was registered on 31.3.2002 with Police Post Nerwa (Chopal). It is undisputed that the deceased died on the spot because of the fatal injuries received by him. It was pleaded by the claimants that the deceased was being paid salary of Rs.5,500/- per month. In addition, he was getting Rs.50/- per day for food etc. The claim petition was contested by the Insurance Company and on the pleadings of the parties, four issues were settled.

(3.) Adverting to the first issue, which relates to the claim of the petitioners, the Commissioner, on the evidence on record, concluded that the accident took place during the course of his employment. On the evidence on record, Commissioner notes that though the owner denies that the salary of Rs.5,500/- per month was given to him, but admitted that he was paying Rs.3,800/- per month and Rs.50/- per day for food etc. On issue No.4 that the vehicle was being driven in violation of the policy as the driver did not possess a valid driving licence, the Commissioner holds that no evidence was led by the appellant herein. The owner had summoned the record from the Registering and Licensing Authority, Rajgarh which shows that he was in possession of a valid driving licence. Compensation as noticed was granted.