G.S.SANDHAWALIA,J. - (1.) The present application is filed for placing on record Annexure A-5, which is the application to deposit the amount of "12,22,320/- before the Commissioner, and also for placing on record Annexure A-6, which is the application for not disbursing the payment to the claimant(s) till final disposal of the appeal.
(2.) The application is allowed, subject to all just exceptions. FAQ No.2989-2020
(3.) This appeal is directed by the Insurance Company against the award of the Commissioner, Nuh (hereinafter referred to as the "Commissioner") under the Employee's Compensation Act, 1923, whereby a sum of "8,16,640/- has been awarded along with interest @ 12% perannum from the date of the incident to the claimants who are the widow, parents and child of the deceased Subhash Singh. The amount has been awarded on account of the fact that the deceased, who was a driver on Vehicle No.UP16-W-0077 of respondent no.5, had been killed by some unknown person by a gun-shot injury of a pistol while coming from Delhi to Mathura at about 10.00 pm on 24.07.2016. It was the case of the claimants that when the deceased reached near Akhbarpur Chowk in the area of Police Station Chhata, District Mathura while coming from Delhi to Mathura, the said incident had occurred. Resultantly, the Commissioner found that there was relationship of employer-employee between the deceased and respondent no.5 and he had died during the course of his employment, while placing reliance on the FIR Ex.A-1 and the paper cutting Ex.R-2. It was noticed by the Commissioner that the vehicle of respondent no.5 was insured with the appellant as per insurance policy Ex.A-4, which was valid from 15.02.2016 to 14.02.2017 and, thus, it covered the date of the incident, i.e. 24.07.2016. The driving license Ex.A-5 was relied upon to verify the age of the deceased to be 33 years at the time of incident and the wages of the deceased claimed to be "15,000/- per month was not accepted on account of lack of evidence. However, his wages were assessed @ "8,000/-per month. Resultantly, the amount of "8,06,640/- was awarded as compensation along with funeral expenses of "5,000/- and other expenses of "5,000/-. The show cause notice was also issued to respondent no.5, who had been proceeded against ex-parte, for not depositing the compensation within one month.;