ORIENTAL INSURANCE CO. LTD. Vs. DAYA RAM

JUDGEMENT

(1.) The instant appeal stands directed, against, the award pronounced, by, the learned Commissioner (IV), Shimla exercising Power under Employee's Compensation Act, 1923, upon, case No. RBT 14/2 of 11/2010, whereunder, compensation amount borne in a sum of Rs. 4,50,4400.00 along with interest @12% per annum from 3.6.2010 till its realization, stood assessed, vis-a-vis, the legal representatives of the deceased driver.

(2.) The instant appeal was admitted, on, 15.10.2013, yet thereat, no, statutorily enjoined substantial question, of, law, stood, framed. However, during the course, of, hearing of the instant appeal, hence, upon hearing the counsel for the parties, this Court, has, framed the hereinafter extracted substantial questions of law, for meteing, of, an adjudication thereon:-

(3.) The learned counsel appearing for the contesting litigants, do not wrangle, over the factum of the demise, of, the deceased, occurring the during the course of his performing his employment under his employer. However, the learned counsel appearing for the insurer has contended with much vigour before this Court, that, with the licence held by the deceased driver, at the stage, contemporaneous to the occurrence ill-fated mishap, rather being proven by RW-4 to be fake, and, unauthentic, (i) thereupon, the computation of compensation assessed qua his legal heirs, being ingrained with, a, grave legal fallacy. However, the afore contention addressed before this Court by the learned counsel appearing for the insurer, cannot merit any countenancing by this Court, (ii) given this Court in a case titled as United India Insurance Co. Ltd. Vs. Seema Devi and others, reported in 2006 ACJ 1357, the relevant paragraphs No. 22, 25, 26, 27 and 28 stand extracted hereinafter:-