UNITED INDIA INSURANCE CO. LTD. Vs. KUMTA DEVI

JUDGEMENT

(1.) This appeal at the instance of Insurance Company is directed against the award dated 20.10.2009 passed by the learned Commissioner under Workmen's Compensation Act (for short the 'Act') whereby he awarded a sum of Rs.6,27,486/- in favour of the respondents/claimants No. 1 to 4.

(2.) The brief facts of the case are that late Shri Santosh Kumar was employed as a driver by Shri Vinod Kumar in his vehicle No. HP-02-0190. On 21.08.2004, the vehicle was hired by one Shri Dharam Paul and at that time deceased Santosh Kumar was driving the vehicle on the way to Narkanda from Kingal. But unfortunately both of them were murdered and their dead bodies were found lying in Thachru Nallah. FIR No. 76/2004 came to be registered and was stated to be pending investigation. Since, the murder took place during the course of employment of Santosh Kumar, therefore, the claimants had filed the claim petition under Section 22 of the Act.

(3.) The owner contested the petition by filing reply wherein preliminary objections raised to the effect that the application was vague, incomplete, illegally framed, not according to the law and rules of Workmen's Compensation or the Motor Vehicles Act, therefore, the same deserved to be dismissed. On merits, it was admitted that the vehicle in question was being driven by Santosh Kumar who was murdered and perhaps the murder may have taken place due to some enmity.