- (1.) THIS appeal by the appellant insurance company is directed against the order dated 21. 8. 2003 passed by Commissioner, Workmen's Compensation, ranchi in C. W. Case No. 29 of 2002 whereby he has awarded compensation of Rs. 2,03,850 on account of death of a cleaner (khalasi) of the vehicle in an accident.
(2.) THE facts of the case lie in a narrow compass: the claimants filed application before the Commissioner, Workmen's Compensation, ranchi for grant of compensation stating, inter alia, that the deceased Jubair khan was under the employment as khalasi (cleaner) in the minibus owned by Samsher alam bearing registration No. BR 14-P 3864. On 8. 7. 2002 at about 10 a. m. the deceased was returning to Lohardaga and the driver of the said minibus was driving bus in a rash and negligent manner and uncontrolled speed. When the minibus reached near Maltuti More at Ranchi-Lohardaga road, the driver stopped the bus and the deceased came down from the bus. The other passengers also came down from the bus and suddenly the bus driver started the bus as a result of which deceased was dashed forcefully by the bus and fell down. He received grievous injury and died on the spot. F. I. R. was lodged in connection with the said accident.
(3.) RESPONDENT owner of the vehicle filed written statement stating, inter alia, that the accident took place due to rash and negligent driving by the bus driver. It was stated that the minibus was insured with united India Insurance Co. Ltd. and according to the terms of the policy, compensation is to be paid by the insurance company for the death of the deceased khalasi of the said vehicle.;