ORIENTAL INSURANCE COMPANY LIMITED Vs. KARMI DEVI

JUDGEMENT

(1.) Instant appeal filed under Sec. 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as the Act), lays challenge to award dtd. 18/7/2018, passed by the Employee's Compensation Commissioner, Court No.1, Ghumarwin, District Bilaspur, Himachal Pradesh, in E.C. Act case No.10/02 of 2016/11, whereby Court below while holding respondents No.1 and 2 (hereinafter referred to as the claimants) entitled for compensation, saddled appellant-Insurance Company with liability to pay compensation to the tune of Rs.2,75,562.00 alongwith simple interest at the rate of 12% per annum w.e.f.9/5/2010. Learned Court below also awarded sum of Rs.5000.00 in favour of the claimants as funeral expenses payable by appellant-Insurance Company.

(2.) Precisely, the facts of the case, as emerge from the record are that deceased Amin Chand was employed by respondent No.3, Sh. Vinod Kumar as worker in his sand mine, but unfortunately on 9/4/2010 ,at 10.00 AM deceased Amin Chand fell down from the height and suffered multiple injuries. Though, above named deceased was taken to hospital, but unfortunately he succumbed to the injuries. Since deceased succumbed to injuries during the course of the employment, his LRs i.e. respondent Nos. 1 and 2 and 4 to 7 filed petition under Sec. 22 of the Employee's Compensation Act, praying therein for compensation.

(3.) Learned Court below on the basis of the pleadings as well as evidence led on record, held claimants entitled to compensation to the tune of Rs.2,75,562.00 alongwith simple interest at the rate of 12% per annum from the date of the accident. Being aggrieved and dissatisfied with aforesaid award passed by learned court below, appellant-Insurance Company has approached this Court in the instant proceedings, praying therein to set-aside aforesaid award.