ORIENTAL INSURANCE COMPANY LIMITED Vs. YASHODA DEVI

JUDGEMENT

(1.) This is an appeal preferred against the order passed by the Ld. Commissioner, Employee's Compensation Act, 1923 Ajmer District Ajmer dtd. 28/3/2013 whereby the Commissioner has passed an award of an amount of Rs.4,19,840.00 alongwith the interest @ 12% p.a.

(2.) Learned counsel appearing for the appellant submits that the Insurance Company cannot be said to be liable for payment of compensation to an individual who cannot be said to have died out of an accident but has died 10 months later on account of some injuries which has not been proved to have caused by way of an accident. Learned counsel submits that Insurance Company does not in any manner challenge the employer-employee relationship but so far as deceased is concerned he was involved in smuggling drugs and was caught by the Police while driving the insured vehicle and was arrested on 3/6/2006 and remained in jail for 6 months. The claimants have set up a case that he died out of injuries which occurred on account of accident that occurred while he was being followed by the Police and was arrested. The injuries continued for which he underwent treatment and ultimately died after 10 months. Learned counsel submits that no proof relating to accident has been placed on record nor any documentary proof has been shown that the accident resulted in injuries caused to the deceased. In fact in cross-examination, the claimant herself states that she does not know whether the injuries were caused on account of accident or on account of being beaten up by the police or on account of having fallen while in Jail. Learned counsel submits that on account of the driver having committed an imprudent act, compensation ought not be awarded to him.

(3.) Learned counsel relies on the judgment passed by the Bombay High Court in the case of Laxmanrao Versus Maharashtra State Electricity Board in First Appeal No.296/2013 decided on 20/1/2015 which relies on earlier judgment passed by the Supreme court in the case of Mackinnon Mackenzie and Co. Pvt. Ltd. versus Ibrahim Mahmmod Issakreported in 1969 ACJ 422. Learned counsel therefore submits that the Commissioner has failed to examine the case in the right perspective and has given perverse findings.