- (1.) Heard learned counsel for the parties.
(2.) By this Misc. Appeal under Section 30(aa) of the Workmen's Compensation Act, 1923 filed by the appellant Insurance Company, the appellant has challenged the award dated 16th March, 2012 passed by the Workmen's Compensation Commissioner (Employee's Compensation Commissioner) Jaipur District (Second), Jaipur in Claim Case No. WCC/F/89/2010, Risal Singh & Ors. New India Assurance Company Ltd. & Ors.
(3.) Briefly stated the facts of the case are that the claimant respondent nos.1 and 2 filed claim before the Workmen's Compensation Commissioner claiming compensation of L 4,42,740/- on account of death of their son Narmesh alleged to have been caused in a road accident allegedly took place on 1st August, 2003 during the course of employment of respondent no.4 M/s. Best Roadways Ltd. In the said claim petition Smt. Sushma Devi, wife of deceased Narmesh was impleaded as non-claimant no.3. It was averred in the claim petition that at the time of death, deceased Narmesh was employed in the capacity of first Driver on Truck No. HR-38-S-3877 owned by M/s. Best Roadways Ltd., respondent no.2 in the claim petition and respondent no.4 in the instant appeal. It was further averred that on 1st August, 2003 while the deceased was driving the truck from Delhi to Jaipur at NH.8 at about 5.00 A.M. met with an accident with another vehicle Trailer No.RJ01-G-2690 as a result of which the deceased died on the spot. FIR No.209/2003 about the accident was registered at Police Station Pragpura, District Jaipur. It was further averred that at the time of the accident, the deceased was employed with respondent no.2 and was about 22 years of age. He was earning L 6,000/- per month as salary and was also getting L 50/- per day as daily allowance. Therefore, the claimants are entitled to get L 4,42, 740/- as compensation on account of accidental death of deceased Narmesh.;