UNITED INDIA INSURANCE Vs. NIRMAL KAUR

JUDGEMENT

(1.) THIS is an appeal under S.30 of the Workmen 's Compensation Act, 1923 (hereinafter referred to as the Act) against the award dated 7 -9 -1995 passed by Commissioner, Workmen 's Compensation Act, Labour Commissioner, J.&K, Jammu (hereinafter referred to as the Commissioner) by virtue of which he has awarded an amount of Rs. 77,856/ - as compensation in favour of the legal representatives of Mohan Singh.

(2.) THE relevant facts for the disposal of this appeal are that deceased Mohan Singh was working as driver with non -applicant No. 1 Amar Singh who was the owner of the vehicle No. 1387 -JKS. On 19 -5 -1994, during the course of his employment with non -applicant No. 1 deceased Mohan Singh left for Srinagar, after loading his truck and on his way, the deceased fell ill and asked his cleaner to drive his vehicle. On 20 -5 -1994 at about 4 a.m. when vehicle reached near Awantipora (Kashmir), some army personnel stopped the vehicle and asked the persons sitting inside the vehicle to come down. Driver Mohan Singh was infuriated the army personnel who have given severe beating to the deceased driver and when he tried to argue with them, one of army jawans fired upon the deceased Mohan Singly killing him on the spot. The cleaner of the vehicle reported the matter to the police and FIR was registered in Police Station Awantipora, and post mortem was conducted on the dead body of the Mohan Singh. It was further pleaded that the deceased was 36 years old at the time of accident and getting Rs.2000/ - per month as salary including allowances from the non -applicant No. 1.

(3.) AFTER recording evidence of the parties, learned Commissioner passed the award as stated in paragraph No.1 of the judgment, aggrieved by which the Insurance Company has preferred this appeal.