AIAY MOHAN GOEL, J. - (1.)By way of this appeal, filed under Sec. 30 of the Employee's Compensation Act, the appellant/Insurance Company has challenged the order passed by Commissioner, Employee's Compensation, Solan, District Solan, H.P., in WCA No.7/2 of 2015, titled as Prem Kumar and another Versus Sanjeev Kumar and another, decided on 26/7/2019, vide which order, learned Commissioner awarded an amount of Rs.8,85,480.00 alongwith interest @ 12% per annum w.e.f. 24/9/2014, one month after the death of deceased, in favour of the claimants therein.
(2.)Brief facts necessary for the adjudication of the present appeal are as under:- Respondents No.1 and 2 in the present appeal (hereinafter referred to as the claim petitioners) filed a petition under Sec. 22 of the Employee's Compensation Act, inter alia, on the ground that they were the parents of Dheeraj Kumar, who was engaged by Sanjay Kumar as a driver with his truck bearing registration No.HP-11-6943. His salary was Rs.10,000.00 per month, which excluded over time. On 24/8/2014, the vehicle being driven by Dheeraj Kumar met with an accident and as a result of grievous injuries which were sustained by Dheeraj Kumar in the said accident, which occurred in the course of his employment, near Bagi, Narkanda, Tehsil Nankhadi, District Shimla, H.P., he lost hislife. The claimants prayed for compensation to the tune of Rs.10,00,000.00, inter alia, on the ground that the claimants were dependants upon the deceased whose age at the time of death was only twenty two years.
(3.)Petition was resisted by the owner of the vehicle (Sanjay Kumar), inter alia, on the ground that as the truck was duly insured, it was the Insurance Company, which was liable to compensate the claimants. The factum of the truck being owned by him which was being driven by the deceased and further the factum of the deceased being engaged by him as a driver upon the said truck on monthly salary of Rs.10,000.00 was admitted by him. As per the owner, truck in issue was duly insured with the Oriental Insurance Company, vide Insurance Policy No.263197/31/2015/83, valid from 2/5/2014 to 1/5/2015.
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