SHRIRAM GENERAL INSURANCE CO. LTD. Vs. RAM SWAROOP

JUDGEMENT

(1.) Instant appeal has been submitted against the judgment dtd. 17/4/2013 passed by the Employee's Compensation Commissioner, Bundi (Raj.) (hereinafter referred to as 'the Commissioner') in Claim Petition No. WCC/F/37/2011 by which the claim petition filed by the claimants-respondents has been allowed and the appellant-Insurance Company has been directed to pay compensation of Rs.10,43,228.00 to the claimants-respondents.

(2.) Brief facts of the case are that the claimants-respondents filed a claim petition under the provisions of Workmens' Compensation Act, claiming compensation on account of death of Kailash Chand, who died in an accident occurred on 5/3/2011. It was stated in the claim petition that the death was occurred during the course of employment, hence, the claimants-respondents are entitled to get compensation as the deceased was working as a driver and drawing salary of Rs.8000.00 per month.

(3.) The owner of the vehicle submitted reply to the claim petition and admitted that the deceased was working as a Khalasi but he has not appeared in the witness box. And the appellant-Insurance Company has submitted its reply and denied the averments made in the claim petition and raised objection that there was no relationship of employee and employer between the insured and the deceased, as the deceased was said to be a Khalasi, while in the claim petition it was pleaded that he was acting as a First Driver in the vehicle.