ORIENTAL INSURANCE COMPANY LTD Vs. SUMATI DEVI

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereafter referred to as 'the Act') by the Insurance Company is directed against the order of the Commissioner, Workmen's Compensation (SDM), Solan, in case No. 32/WC of 1996, decided on 13.10.1998.

(2.) THE facts necessary for decision of this case are that, admittedly, deceased Mohinder Lal was employed as driver with M/s. Amar Flour Mills, Parwanoo. On 9.6.1996, he was deployed on duty with truck No. HP-15-1227. He was proceeding from Parwanoo to Solan with the said truck belonging to his employer. He took his meals at Sanwara and stayed for the night at Sanwara. At 4 a.m. when he started the truck for onward journey to Solan, a tanker bearing registration No. HPA-1470 came from the opposite side and hit the deceased who sustained multiple injuries and died on the spot.

(3.) IT stands proved on record that the deceased was an employee of M/s. Amar Flour Mills, Parwanoo and had died during the course of his employment. The only question is whether the claim was payable under the provisions of ESI Act or under the W.C. Act, 1923?