NATIONAL INSURANCE COMPANY LTD Vs. BARKAT

JUDGEMENT

(1.) The appellant, Insurance Company, has laid this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for brevity, hereinafter referred to as 'the Act of 1923') assailing the impugned verdict dated 17 th March, 2005 passed by the learned Workmen Compensation Commissioner, Bhilwara (for short, 'the learned Commissioner').

(2.) The facts apposite for the purpose of this appeal are that respondent-claimants filed an application under Section 22 of the Act of 1923 claiming compensation to the tune of Rs.2,18,470/- only with interest and penalty. In the claim petition, the claimants have, inter alia, averred that deceased, Mohammad Salim, was in employment of respondent, M/s. Universal Ice-cream Private Ltd., as a driver and the said vehicle was insured with the appellant, Insurance Company. On the fateful day of 26th September, 2001, the accident occurred during the course of and out of an employment, which resulted in death of Mohammad Salim. On the anvil of these facts, the respondentsclaimants by asserting that they are the dependents of the deceased claimed the requisite amount of compensation.

(3.) The claim petition was contested by the appellant, Insurance Company, before the learned Commissioner. The respondent-employer has admitted in clear and unequivocal terms that the deceased was in its employment and the accident has occurred during the course of and out of employment. The learned Commissioner after considering the evidence of the rival parties and other materials on record allowed the claim of the respondents and awarded compensation to the tune of Rs.4,36,940/- with interest and penalty and total amount was quantified to the tune of Rs.5,63,999/- only. The requisite amount was deposited by the appellant-insurer and as per the information divulged by the rival parties, the amount has been disbursed to the respondent-claimants.