DINESH CHANDRA SOMANI,J. - (1.) The instant appeal has been preferred by the non-claimant/appellant under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as "the Act") against the judgment and award dated 22/09/2009 passed by the Commissioner, Employee's Compensation, Jaipur District-II, Jaipur in Claim Case No.WCCF 122/2008, whereby the learned Commissioner allowed the claim petition and passed an award of Rs. 4,33,060/- with interest @ 12% per annum from 22/06/2008.
(2.) Brief facts necessary for disposal of this appeal are that the claim petition was filed by the claimant/respondents No. 1 to 3 (wife and parents of the deceased Hari Singh) under the provisions of the Act for getting compensation of Rs. 51,00,000/- along with interest on account of death of Hari Singh. The claim petition was filed taking stand that the death of the deceased had occurred during the course of employment under the non-claimant/respondents No. 4 and 5. It was also averred in the petition that the deceased Hari Singh was employed as driver on vehicle No.RJ-14-CB-0752 under the employment of non-claimant/respondents and the said vehicle was insured with the appellant-insurance company. It was also averred that on 22/05/2008, while Hari Singh was driving the vehicle No.RJ-14-CB-0752 under the directions of non-claimant/respondents, suddenly his health condition worsened and he died during the employment. It was also averred that at the time of the incident, the deceased Hari Singh was 22 years old and he was getting Rs. 7,000/- per month as salary and Rs. 50/- per day as diet allowance from his employers.
(3.) The non-claimant/respondents filed written statement admitting the fact that the deceased Hari Singh was employed under their employment on their truck No.RJ-14-CB-0752 and was paid Rs. 7,000/- per month as salary. The non-claimant/respondents also stated that the vehicle was insured with the appellant-insurance company at the relevant time, as such liability if any arises to pay the compensation, then the insurance company is liable to pay the same and prayed to dismiss the claim petition against them.;