NATIONAL INSURANCE CO LTD. Vs. PREM

JUDGEMENT

(1.) The instant appeal under section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as the 'Act') has been filed by the non-applicant/Insurance Company against the award dated 28.9.2015 passed by the Employees Compensation Commissioner, Tonk (hereinafter referred to as the 'Commissioner') in Claim Case No.ECA/F/93/2009 tilted as Prem and Ors v. Pyarelal Yadav and Anr., whereby the learned Commissioner has allowed the claim petition and awarded Rs. 3,63,965/- as compensation, Rs. 2,69,334/- as interest from the date of accident till the date of award and further interest @ 12% per annum till realisation.

(2.) Skeletal material facts necessary for disposal of this appeal are that the claimant/respondents have filed the claim petition before the learned Commissioner stating inter-alia that the deceased-Ramkesh Meena was employed as a labour on the Truck No.HR-61-0505 owned by non-claimant/respondent No. 5. When the deceased was unloading the truck and while coming down from the truck, the driver of the truck without looking behind took the truck back, due to which the truck hit and run over the deceased and consequently he died. It was also averred that at the time of the accident, the deceased was 25 years old and he was getting salary of Rs. 5000/- per month.

(3.) The non-claimant/respondent No. 5, who is owner of the vehicle in question, filed reply to the claim petition denying the material averments of the claim petition for want of knowledge and pleaded that the vehicle in question was insured with the non-applicant No. 2-Insurance Company, as such the Insurance Company is liable to indemnify the liability, if any, and prayed to dismiss the claim petition against him.