NATIONAL INSURANCE COMPANY Vs. BAL JYOTI AND ORS.

JUDGEMENT

(1.) With the consent of learned counsel for the appellant and learned counsel for the respondents, this appeal

(2.) Defendant appellant, National Insurance Co. Ltd. has filed the present Civil Misc. Appeal under Section 30 of the Workmen's Compensation Act being aggrieved of the judgment and award dated 11.12.2014 passed by the Commissioner for Workmen's Compensation, Jaipur District First, Jaipur in Case No.E.C.C.F.35/2012 whereby the claim petition of the claimant respondents has been allowed and an award for Rs.6,57,280/- along with Rs.44,501/- towards medical expenses has been passed along with interest at the rate of 12% per annum.

(3.) The facts in narrow compass giving rise to the present appeal are that the claimant respondent Nos.1 to 7 on 5.6.2012 filed a claim petition before the Workmen's Compensation Commissioner, Jaipur District First, Jaipur under Section 22 of the Workmen's Compensation Act, 1923 stating therein that while under the employment of defendant Prem Singh, deceased Radhey Shyam was driving tanker No. HR-55-A-0959. While returning from Tonk to New Delhi on 23.3.2012 due to rash and negligent driving of truck driver of another truck No. RJ-14GA-6786 deceased Radhey Shyam succumbed to injuries. Regarding the accident FIR No.141/2012 was lodged at Police Station Chaksu. It was averred in the claim petition that at the time of death deceased was aged 40 years and was getting Rs.8,000/- per month as salary along with daily allowance @ Rs.100/- per day. The deceased was working under the employment of defendant No.1 and the said tanker was insured with defendant-appellant. Hence, both the defendants are jointly and sevarelly liable for compensation of Rs.8,50,000/- to be paid to the claimants under the various heads along with interest @ 12% per annum from the date of accident.