ORIENTAL INSURANCE COMPANY LIMITED Vs. SUNAINA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent no. 1 on this miscellaneous appeal. Respondent nos. 2 and 3 did not turn up despite service of notice.

(2.) This miscellaneous appeal has been filed against the judgment and order dated 30.09.2013 passed by the learned Workmen Compensation-cum-Presiding Officer, Labour Court, Begusarai in Workmen Compensation Case no. 01 of 2009 whereby the learned Tribunal allowing the claim case, directed the appellants (Oriental Insurance Company Limited) to deposit compensation to the tune of Rs. 4,23,580/- and also directed to respondent no. 2 (M/S Dhillon Transport Agency) to deposit interest over the aforesaid compensation amount @ 12% per annum from 06.12.2007 to 30.09.2013 amounting Rs. 3,04,978/- before Deputy Labour Commissioner-cum-Workmen Compensation, Munger Division, Begusarai.

(3.) Factual matrix of the case is that the claimant Sunaina Devi who happens to be respondent no. 1 in this case filed petition on 07.03.2003 before Deputy Labour Commissioner-cumWorkmen Compensation Commissioner, Munger Division, Begusarai for awarding compensation on account of civil death of her husband namely, Tun Tun Rai @ Zeromile, who happened to be driver of the truck bearing registration no. HR-51 GA-1713 of respondent nos. 2 and 3 with the case in succinct that her husband proceeded loading fortune on the said truck from Gaziabad to Motihari (Bihar), but on the way, the truck was found abandoned near Mahkhal Raghubir Hotel P.S. Gamna district-Aligarh and driver Tun Tun Rai @ Zeromile and its khalasi missing. Regarding the said incident, the owner of the truck gave information to the police on 06.12.2000. Thus, her husband has been missing since the said date giving rise presumption of his civil death.