UNITED INDIA INSURANCE COMPANY LIMITED Vs. SARASWATI DEVI

JUDGEMENT

(1.) By way of this appeal, the appellant-Insurance Company has challenged the order passed by the learned Commissioner under the Employee's Compensation Act-cum- Civil Judge (Sr. Division), Nalagarh, District Solan, H.P, in Petition No. 4-ECA/2 of 2013, titled as Smt. Sarswati Devi and others vs. Smt. Bir Devi and another, dated 22.01.2015, vide which, an application filed under Section 22 of the Employee's Compensation Act by respondents No. 1 to 5 herein (applicants before the learned Commissioner) was answered by the learned Commissioner in the following terms:-

(2.) This appeal was admitted on 08.04.2019, on the following substantial questions of law:-

(3.) Brief facts necessary for the adjudication of the present appeal are that the claimants filed an application under Section 22 of the Employees Compensation Act inter alia on the ground that Sh. Som Raj (deceased) was engaged as a driver by Smt. Bir Devi (respondent No. 1 before learned Commissioner) with her bus, bearing registration No. HP- 64A-1709. He was engaged on a monthly salary of 8,000/- and in addition, he was also being paid an amount of 100/- per day as diet money. On 13.01.2013, the offending vehicle met with an accident, while on its way from Parwanoo to Kohu Gambharpul, at Ramshehar-Doli road, as a result of which, the bus rolled down 250 feet, resulting in the death of Sh. Som Raj. Deceased was engaged as a driver by the owner of the bus about four months prior to the unfortunate accident. FIR No. 5/13 was registered at Police Station Ramshehar on 13.01.2013. Postmortem of the dead body was conducted at Regional Hospital, Bilaspur, on 14.01.2013. The age of the deceased at the time of the accident was 38 years. Deceased-employee died in the course of his employment and the factum of his death was in the knowledge of the employer, rt yet no compensation was paid by her to the claimants within ou one month as from the date of the accident. Accordingly, the claimants claimed compensation in terms of the provisions of the Employee's Compensation Act as also for imposition of penalty in terms of the said Act.