REKHA DEVI Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel for the respondent No. 1, Insurance Company.

(2.) The appeal has been filed against the order dated 21.2.2005 passed by the Deputy Labour Commissioner-cum-Commissioner Workmen's Compensation, Magadh Division, Gaya in C.W.C. No. 42 of 2001 by which he has directed the Insurance Company to deposit a sum of Rs. 1,74,070/- within one month from the date of the order as compensation to the claimants-appellants failing which interest at the rate of 9% shall become payable from the date of accident.

(3.) The appellants are the dependents of the deceased who is stated to be a Khalasi of the Bus bearing registration No. BR-15P 0342 owned by the respondent No. 2 Haridwar Singh. It was alleged that while he was taking down the luggage of the passengers of the Bus on 9.6.2001 the driver negligently moved the Bus as a result of which the deceased Sanjay Singh fell down from the roof of the Bus and died. His age at the time of death is stated to be 25 years and it was alleged that he was earning Rs. 4000/- per month. A claim was made before the Deputy Labour Commissioner-cum-Workmen's Compensation Commissioner. The respondent No. 2, owner of the bus, did not appear and subsequently on notice the Insurance Company with whom the Bus was insured appeared and contested the matter. Ultimately, the aforesaid order directing payment of compensation was passed by the Deputy Labour Commissioner-cum-Workmen's Compensation Commissioner.