ORIENTAL INSURANCE COMPANY LTD. Vs. NAINA DEVI

JUDGEMENT

(1.) Tarlok Singh Chauhan, Judge Aggrieved by the impugned award, dated 28.2.2013, passed by the learned Commissioner, Employee's Compensation, Court No.1, Mandi, H.P., the appellant­Insurance Company has filed the instant appeal.

(2.) Respondents No.1 to 3/claimants filed a claim petition before the then Workmen Compensation Commissioner(now Commissioner, Employee's Compensation) under Section 22 of the erstwhile Workmen Compensation Act for grant of compensation on account of death of Virender Singh, who died in a motor vehicular accident on 19.5.2004, during the course of his employment as Conductor with respondent No.5, Rajinder Prashad Nag. It was alleged that on 19.5.2004, the deceased was returning to Kullu after r unloading vegetables at Mandi. At about 11.00 P.M. when the vehicle in question (Swaraj Mazda bearing No. HP­34A­2143) reached near Banala on National Highway 21, it fell down into river Beas, resulting in death of Virender Kumar, which led to lodging of FIR No. 63/2004 dated 20.5.2004 under Sections 279 and 337 IPC against the driver of the vehicle. The deceased was stated to be hale and hearty aged 30 years and getting monthly wages of Rs.4000/­ per month including diet money i.e. Rs.50/­ per day at the time of accident. The claimants were dependents upon the deceased being mother and minor children.

(3.) The claim petition was contested by the respondent­ owner on the ground that the claim petition was not in consonance with the provisions of the Act and it was averred that monthly wages of the deceased were Rs.1800/­ per month inclusive of T.A. and D.A. and not Rs.4000/­ per month as claimed. However, employment of the deceased as Conductor and his death during the course of his employment was not disputed.