- (1.) Instant Civil Misc. Appeal u/Sec. 30 of the Employees Compensation Act, 1923 has been preferred by the non-claimant-appellant (Insurance Company) assailing the award dated.10/01/2011 passed by the Workmen Compensation Commissioner, Jaipur City, Jaipur whereby an award of Rs.4,48,000/- has been awarded in favour of the claimants-respondents.
(2.) The relevant facts, necessary for disposal of the instant appeal, are that one Sushil Kumar, who was claimed to be a 'Khalasi' in Vehicle bearing Truck No.HR-38-P-6777, while travelling in the said truck from Mumbai to Delhi on 17/05/2009, met with an accident near Bilochi Pulia under Harmada Police Station, Jaipur and died on the spot. It is stated that at the time of accident, he was of the age of 20 years and was drawing salary of Rs.4,500/- per month and in addition to that he was receiving Rs.50/- per day, as daily allowance. The vehicle was insured with the appellant and accordingly a claim petition was filed claiming compensation of Rs.4,50,500/- alongwith interest and other reliefs.
(3.) The Commissioner vide award impugned came to the conclusion that the deceased Sushil Kumar was employed with M/s. West Roadways Ltd. and on the fateful day was in the vehicle and after considering the FIR, Challan, Statements u/Sec. 161 Cr.P.C., notice u/Sec. 133 of the Motor Vehicle Act, Postmortem report etc., allowed the claim of the claimants-respondents and directed to pay compensation to the tune of Rs.4,48,000/- which has been assailed by the appellant in this appeal.;