ORIENTAL INSURANCE COMPANY LTD. Vs. SANTARA DEVI

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 30 (a)(aa) of the Workmen Compensation Act, 1923 on behalf of the appellant- Oriental Insurance Company Limited (for the brevity of Insurance Company) against the order dtd. 16/10/2015 passed by the Commissioner, Employee Compensation Act, Sikar in claim case No. WCC/F-31/2006 whereby the learned Commissioner awarded the compensation amount of Rs.3,25,365.00 along with the interest @ 9% from the date of filing of the application to claimants-respondent Nos.1 to 3.

(2.) Brief facts of the case are that the respondent Nos.1 to 3 filed an application for compensation under Employee Compensation Act, 1923 (hereinafter referred as E.C. Act) on account of death of Harphool Singh. It was pleaded in the claim petition that the deceased- Harphool Singh was working as a labour on tractor Swaraj 735 EF Chassis No.QWCA30400000347, Engine No. 391311/N0009699 for loading and unloading of the crop of onion under the employment of respondent No.5. It was further pleaded that on 24/4/2001, when he was sitting in tractor attached with trolley as a labour and returning to his village after unloading onion in Krishi Upaj Mandi, Sikar, driver of an unknown truck drove the truck rashly and negligently and hit the tractor- trolley, due to that impact, the tractor-trolley overturned and Harphool Singh died on the spot. It was further pleaded that the respondent Nos.1 to 3 are the legal representatives of Harphool Singh and at the time of accident the age of the deceased was 25 years and he used to earn Rs.100.00 per day, therefore, they have filed the present claim petition under the provisions of E.C. Act. It was further pleaded that prior to filing of the present claim petition, the respondent Nos.1 to 3 have filed the claim petition before learned MACT, Sikar but they withdrew the said claim petition on 26/4/2006.

(3.) That after service of notice on respondent Nos. 4 and 5, they did not turn up to defend the claim petition, therefore, learned Commissioner proceeded ex parte against them vide order dtd. 14/6/2007.