SOSAR KANWAR Vs. AMAR SINGH

JUDGEMENT

(1.) The present civil misc. appeal has been filed under Sec. 30 of the Workmen's Compensation Act, 1923 ('Act of 1923'), assailing the award passed by the Commissioner, Workmen Compensation Officer, Rajsamand, Bhilwara, vide order dtd. 20/12/2016 whereby, the claim filed by the appellants/claimants has been dismissed. Certain other ancillary relief(s) have also been sought by the appellants/claimants.

(2.) Briefly stated, the facts of the case are that the deceased, Mr. Samant Singh, husband of the appellants/claimants worked as a driver for respondent no. 1, for his truck bearing number RJ-27-G-1257 and used to earn Rs.5,000.00 for the said job. On 5/11/2005, the deceased was taking marble stone to Ahmedabad by the said vehicle and en route, his health deteriorated and subsequently, he died.

(3.) After the service of notice to the respondents, respondent no. 1, employer did not appear and therefore, the matter was heard ex-parte respondent no.1, employer. Respondent no. 2, insurance company, in its reply denied the factum of the claim and stated that the said incident did not occur due to the insured vehicle bearing number RJ-27-G-1257, and that, the deceased died a natural death. It was also stated by the respondent no.2, insurance company it its reply that, the company was not informed about the said incident and that, there was violation of the policy conditions. It was also stated that the deceased did not possess a valid and effective driving license at the time of the incident, while driving the insured vehicle.