ORIENTAL INSURANCE CO. Vs. PARVEEN AKHTAR

JUDGEMENT

(1.) One Rashid Ahmad S/O Fateh Din R/O Village Pallan Tehsil Billawar District Kathua (hereafter called 'deceased') while driving Bus No. UP-22T-0010 died on 2/5/2011 as a result of the accident having taken place on 22/4/2011 near Peepli, Haryana. His dependants i.e. Parveen Akhtar (wife) and children laid a claim for grant of compensation for his death under the Employees Compensation Act, 1923 with the Commissioner under Employees Compensation Act i.e. Assistant Labour Commissioner, Kathua (in short, 'Commissioner') asserting therein that the deceasedRashid Ahmad was employed as a driver of the offending Bus by the respondent No. 1 - Shashinder Shokeen, the owner of the offending Bus which was insured with the respondent No. 2 - Oriental Insurance Co. Ltd. It was claimed that the deceased was 48 years of age at the time of his death and was receiving monthly wages of Rs.15,000.00.

(2.) Pursuant to issuance of a notice, the respondents - owner and insurer of the offending vehicle in question, appeared and filed objections, controverting the assertions made in the claim petition.

(3.) On the basis of the pleadings of the parties, the following issues were raised by the Commissioner for determination of the claim of the claimants:-