NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHANTI DEVI

JUDGEMENT

(1.) Two appeals bearing FAO No.443 of 2021 and FAO No.444 of 2021 filed by The New India Assurance Company Limited under the Employee's Compensation Act, 1923 (here-in-after called as the Act') are being disposed of vide the instant common order. Both arise from the same accident which occurred on 6/5/2019 resulting in death of two employees, leading to filing of two separate claims .

(2.) Impugned in the appeals are two separate orders, both dtd. 27/1/2021 passed by the learned Commissioner, Gurugram under Employee's Compensation Act, 1923. Vide one, claimants of deceased victim/employee Pawan Kumar, working as a driver at the relevant time, have been awarded a total compensation of Rs.10,80,003.00 and vide second order, claimants of other deceased victim Pankaj, employed as cleaner, have been awarded Rs.10,92,680.00 (amounts are inclusive of the interest component as well as other expenses including funeral etc.).

(3.) Facts and record is being referred from FAO no.443 of 2021. Learned counsel for the appellant vehemently argues that the objection of the Insurance Company with regard to the territorial jurisdiction was given a complete short shrift by the learned Commissioner while rendering the award. On a court query qua merits of case, he submits that no doubt as per the evidence adduced by the claimants (LRs of the deceased), the deceased had indeed suffered fatal injuries from the accident, which eventually led to their death. However, he argues that the said accident did not take place in course of employment.