Pratap Krishna Lohra, J. - (1.) APPELLANT insurer has preferred this appeal under Section 30 of the Employees Compensation Act 1923 (for short, 'Act of 1923') assailing the judgment dated 14th of February 2014 passed by Commissioner, Employees' Compensation Act, Rajsamand (for short, 'learned Commissioner').
(2.) THE learned Commissioner, by the impugned judgment, while adjudicating claim of the respondent -claimants under Section 10 read with Section 22 of the Act of 1923, awarded compensation of Rs. 3,03,800 to them with interest @12% per annum and penalty amount of Rs. 1,86,900. On evaluation of evidence and other materials on record, the learned Commissioner has found that deceased Bheru Singh was in employment of 6th respondent as Driver of Truck No. RJ -27 -GA -4035, who has suffered injuries during the course of and out of employment resulting in his death. The facts in brief are that on 27.11.2009, while discharging his duties as Driver, Bheru Singh, accompanied by Khalasi, proceeded from Palas (U.P.) with plastic material in the truck and reached near Police Station Samla. The vehicle was stopped at Hotel Sanwariya and they took their meals. It appears that the goods loaded in the truck were stolen and therefore Bheru Singh lodged FIR with the police station and did not sleep till 2:30 AM. In the morning at 6 AM, when he was not available near the vehicle, efforts were made to trace him out. His slippers were found nearby on the highway and later on his dead body was recovered. It appears that he suffered crushing injuries and died on the spot. On that basis, First Information Report bearing No. 72/2009 was lodged. In the claim petition, it is averred that accident occurred during the course of and out of employment and therefore respondent -claimants are entitled to compensation under the Act of 1923. For quantifying compensation, it was specifically pleaded in the claim petition that at the time of death deceased was earning Rs. 6,000/ - per month as Driver. Besides the claim amount with interest @12% per annum, 50% of the compensation amount is also claimed as penalty.
(3.) THE claim petition is contested by the insurer, however, despite service none appeared on behalf of the employer and therefore the learned Commissioner proceeded ex -parte.;