SRIRAM GENERAL INSURANCE CO LTD Vs. KARTAR SINGH

JUDGEMENT

(1.) By this appeal, the Non-claimant-Appellant-Insurance Co. has challenged the Award dated 6.1.2012 passed by the Workmen Compensation Commissioner, Jaipur in Claim Case No. WCC/F 204/2010 Kartar Singh and another V. Ranbir Singh and others.

(2.) Briefly stated, the facts of the case are that the claimant-respondents No.1 and 2 (Kartar Singh and Smt.Gurdeep Kaur) filed a claim petition before the Workmen Compensation Commissioner, Jaipur under the provisions of the Workmen Compensation Act, 1923 (which has now been amended as The Employee's Compensation Act, 1923), against the Non-claimant-appellant-Insurance Co. and other non-claimants Ranbir Singh and Nayab Singh, claiming compensation amounting to Rs.8,61,550/- with interest and penalty, on account of the loss sustained due to the death of Gurdeep Singh. It was stated in the claim petition that the deceased Gurdeep Singh was working as Driver on Trailor No.PB-04-K-9690 which was owned by the Non-claimants No.1 and 2 Ranbir Singh and Nayab Singh and was insured with the Non-claimant-appellant-Insurance Co. On 17.6.2010, while Gurdeep Singh was taking the aforesaid Trailor to Bikaner, at about 6.15 a.m. near Shivdharon, Police Station Lunkaransar, an accident occurred with standing truck No.RJ-07-GA-6759 as a result of which Gurdeep Singh died. At the time of death, the age of the deceased was stated to be 32 years and further that he was getting monthly wages amounting to Rs.6,000/- plus daily allowance of Rs.100/-. The claimants therefore, prayed for compensation amounting to Rs.8,61,550/- with interest and penalty.

(3.) Despite service of the notices through registered post, the Non-claimants Ranbir Singh and Nayab Singh did not appear before the Commissioner, therefore, on 8.4.2011, order to proceed ex parte against them was passed.