- (1.) Leave granted.
(2.) This appeal is preferred against the judgment dated 16.04.2014 passed by the High Court of Gujarat at Ahmedabad dismissing the appellant's First Appeal No.282 of 2014 observing that the Insurance Company was not liable to indemnify him, thereby confirming the order dated 11.11.2013 passed by the Commissioner for Workmen's Compensation/Labour Court, Rajkot.
(3.) The brief facts which led to the filing of this appeal are as follows:- Proforma respondents 2-4/claimants, namely, Lalmani Yadav- father, Dashmiya Lalmani yadav-mother and Janaki alias Babli Ramesh Yadav- wife of the deceased, Ramesh Lalmani Yadav filed a claim petition before Commissioner for Workmen's Compensation/Labour Court, Rajkot, claiming compensation for the death of deceased Ramesh Lalmani Yadav on 20.05.2002 in the course of his employment. On the fateful day of 20.05.2002, deceased Ramesh Lalmani Yadav was working as a cleaner in the vehicle bearing No.GJ-3V-7785, in the employment of the appellant and respondent No.5. In the afternoon at about 12.30 p.m., deceased was filling water in the radiator of the vehicle when suddenly the bonnet of the vehicle fell down on the head of the deceased, as a result of which he fell down and died. Stating that Ramesh Lalmani Yadav died in the course of his employment, respondents No.2 to 4 filed the claim petition claiming compensation of Rs.4,15,093/- and that appellant and respondent No.5- Insurance Company are liable to pay the compensation of Rs.4,15,093/-.;