SHREE RAM GENERAL INSURANCE COMPANY LTD. Vs. GEETA SHARMA
LAWS(J&K)-2020-5-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 19,2020

Shree Ram General Insurance Company Ltd. Appellant
VERSUS
GEETA SHARMA Respondents




JUDGEMENT

SINDHU SHARMA,J. - (1.)This appeal has been preferred under section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as the Act) passed by the Commissioner under Employees Compensation Act, 1923 (Assistant Labour Commissioner), Jammu (herein after referred to as Commissioner) in case titled Geeta Sharma & ors. Vs. Anil Sharma & anr.
(2.)The facts relevant for disposal of this appeal are that, deceasedRamesh Sharma was an employee as a salesman working in the canteen situated in 213 Transit Camp Panama Chowk, Jammu. He met with an accident on 11th of September, 2014, while travelling in the vehicle of respondent No. 4 (owner) as a result of which Ramesh Sharma, who was sitting next to owner, sustained multiple injuries which resulted in his death. Thus the claimants, respondent Nos. 1, 2 & 3 i.e., wife and two sons of the deceased filed a claim petition before the Commissioner under the aforesaid Act seeking compensation of Rs. 18,00,000/-(Rupees Eighteen Lacs only) alongwith interest @ 18% from the date of accident.
(3.)The owner/respondent No. 4 appeared but chose not to file objections, and thereafter as he did not appear and was set ex parte. Appellant/Insurance Company contested the claim of the claimants by objecting to the cause of accident, age and income of the deceased. Appellant also submitted that no compensation could be granted to the claimants as the death of the employee did not occur during the course of his employment, and there was no relationship of employee and employer between the parties.
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