ORIENTAL INSURANCE CO. LTD. Vs. SANTOSH DEVI

JUDGEMENT

(1.) Application was filed before the Authority under Workmen's Compensation Act, 1923 (Assistant Labour Commissioner), Udhampur (for short 'ALC') by the respondents-claimants. In the claim petition, it was pleaded that deceased Roshan Lal was employed as driver by Shri Rakesh Kumar- respondent no. 2 and was given charge of truck bearing Registration No. JK02B-9517. It was pleaded that on 20th September, 2003 at about 9:30 P.M. the dead body of Shri Roshan Lal was recovered from the driving cabin of truck. The truck was being driven by the deceased from Delhi to Jammu and the vehicle was loaded with fencing wire for the Army Camp stationed at Nagrota Jammu. It was also pleaded that deceased died due to tiredness as he had pressure of his employers and the Army to deliver the goods quickly. The deceased Roshan Lal drove the truck from Gouhati to Delhi, which caused extra burden on him. It was specifically pleaded that Roshan Lal died due to tiredness and stress of work and the driving of heavy vehicles sometimes causes death because extra physical energy is required to control the said vehicle.

(2.) Case FIR No. 20 dated 20.09.2003 was registered. The Investigating Agency came to the conclusion that the death was uncertain. The Forensic Science Laboratory in its report also stated that the death of the Roshan Lal is uncertain. In the claim petition, notice was issued. The employer did not file objections and ex-parte proceedings were initiated against him. Appellant filed objections.

(3.) After the conclusion of the enquiry, the ALC passed award on 30th May, 2007 in favour of the claimants and against the non-applicants and directed for payment of amount of Rs. 3,94,120/-in favour of the claimants, in terms of Section 4 of the Workmen's Compensation Act, 1923 read with schedule IV of the said Act. The appellant was directed to indemnify the employer-Rakesh Kumar as there was contract between the owner and the Insurance Company. The appellant was directed to deposit the award amount within thirty days from the date of announcement of the award.