ORIENTAL INSURANCE CO Vs. ASHA DEVI SMT

JUDGEMENT

(1.) THIS appeal at the instance of Insurance Company is directed against the Award passed by Commissioner under the Workmen's Compensation Act, 1923, Rampur, hereinafter referred to as the Oriental Insurance Co. vs. Asha Devi (Smt.) and Ors. (26. 09. 1996 -HPHC) Page 2 of 5 (Smt.) and Ors. (26. 09. 1996 -HPHC) Page 2 of 5 Commissioner, in case No. 7/91 dated May 30, 1995. By means of a claim filed before the Commissioner by respondents No. 1 to 4 (hereinafter referred to as 'the claimants') against the Insurance Company (hereinafter referred to as 'the appellant') and Satish Kumar Bhalaik (hereinafter referred to as 'the owner') under Section 4 of the Workmen's Compensation Act, 1923, claim was made by the claimants.

(2.) THE brief facts of this case are that Shiv Ram was employed as a truck driver by the owner of truck bearing registration No. HIS 1510 which was insured with the appellant. On November 10, 1990 when the said truck HIS-1510 was going from Theog to Rampur, it met with an accident while negotiating a curve near Rampur, resulting in the death of its driver Shiv Ram, husband of claimant No. 1, Asha Devi, son of claimant No. 2, Najpi Devi and father of claimants Birjesh and Kumari Raksha. According to the claimants, the accident had taken place during the course of his employment and thus on basis that (sic) compensation was claimed by the claimants from the owner as well as the appellant who both were arrayed as respondents before the Commissioner below. While allowing the compensation under Section 4 of the Workmen's Compensation Act, 1923 in the sum of Rs. 84716/, penalty was levied under Section 4-A to the extent of Rs. 42,358/-and interest at the rate of 6% with effect from December 10, 1990 i. e. one month after the date of accident till May 30, 1995 amounting to Rs. 23,273. 32 paise was also levied and a total compensation in the sum of Rs. 1,50,347. 32 was passed in favour of the claimants and appellant was held responsible for compensation. By means of impugned order, appellant was directed to deposit the amount of compensation within a period of 30 days from the receipt of the said order, failing which it was further ordered that action be initiated as per provisions of Section 32 of the said Act ibid.

(3.) WHILE admitting the appeal it was ordered by this Court on November 21, 1995 :