BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. SHARDA

JUDGEMENT

(1.) The instant appeal has been filed by the Insurance Company (defendant in the claim petition) against the judgment and decree dtd. 23/10/2021 passed by the Additional District Judge No.4, Bikaner in Civil Original Suit No. 07/2020, whereby while allowing the suit filed by the dependents of the deceased Premaram @ Premratan under the Fatal Accident Act, compensation of Rs.5,94,160.00 has been awarded for which employer, Pratibha Industries Limited Nagaur, its Supervisor, Managing Director and Insurance Company were made liable jointly and severely.

(2.) Brief facts of the case are as under:

(3.) Deceased Premaram @ Premratan was an employee in Pratibha Industries Ltd. He died on 18/6/2008, during the course of his employment, while he was doing work of removing soil from the pipeline in the ditch. The masala mixture machine fell upon him as a result of which he collapsed. At the time of his death, he was aged 25 years and earning Rs.250.00 per day in lieu of labour work. At that time, defendant nos. 1 and 2 were Supervisor and Managing Director of the Pratibha Industries Ltd. The incident was reported to the police, upon which FIR No. 231/2008 under Sec. 302 and 287 IPC was registered. All the employees working under Pratibha Industries Ltd. were insured under the Wokmen's Compensation Act, 1923 (now amended as The Employees's Compensation Act, 1923 w.e.f. 18/1/2010) (herein- afterwards referred to as 'the Act of 1923').