UNITED INDIA INSURANCE COMPANY Vs. JYOTI KUMARI

JUDGEMENT

(1.) The instant appeal has been admitted on the following substantial questions of law:-

(2.) However, before proceeding to determine the aforesaid questions certain minimal facts need to be noticed.

(3.) The respondents No. 1 to 5/claimants, filed a claim petition under Section 22 of the Employee's Compensation Act seeking compensation of Rs.25,00,000/- along with 50% penalty and interest @ 12% per annum before the learned Commissioner on account of death of their sole bread earner, namely, Jai Prakash averring therein that the deceased was driver by profession and he was engaged by respondent No.6/employer as driver on his vehicle bearing registration No. HP-14-A-0919 on monthly salary of Rs.6000/-. Besides that the deceased was getting Rs. 100/- per day as daily expenses. On 26.12.2012, when the deceased was driving the aforesaid vehicle, at about 5.40 P.M., it met with an accident near Bus Stand Sarahan at Nahan-Shimla Road, resulting into death of the deceased. It was further averred that the accident had taken place during the course of the employment of the deceased with respondent No.6.