ORIENTAL INSURANCE COMPANY LTD. Vs. SUGIA DEVI

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') impugning the judgment of the Commissioner dated 30.4.2012 which has allowed the claim petition filed by the respondent no.1. The claim petition was filed by the respondent no.1 on account of death of Sh. Biresh Manjhi, her son in an accident on 15.4.2011 while driving the truck bearing no. RJ 14 GC-1623 belonging to the respondent no.2 herein. The accident of the deceased Biresh Manjhi took place in the course of and arising out of employment and hence the claim under the Act.

(2.) The facts of the case are that the deceased Sh. Brijesh Manjhi was working as a cleaner on the truck bearing No. RJ 14 GC- 1623. On 15.4.2011, Sh. Biresh Manjhi was on an occupational trip with the truck loaded with the consignment of cloth. When the truck reached under the jurisdiction of police station Sabarkantha, Gujrat at around 8.30 P.M. there was an accident whereby the vehicle lost balance and the truck turned turtle. The cleaner Sh. Biresh Manjhi was ejected from the cabin and was caught underneath the vehicle resulting in his death on the spot. The body of the deceased was taken to the Government hospital at Modasa and after the post mortem the dead body was handed over. The vehicle was insured with the appellant herein. The deceased was 19 years at the time of his death and was earning Rs.5,500/- per month plus Rs.100/- per day as food allowance.

(3.) The respondent no.2 herein, the employer filed its/his written statement before the Commissioner admitting that Sh. Biresh Manjhi was employed as a cleaner on his vehicle/truck bearing No. RJ 14 GC-1623. The factum of the accident on 19.4.2011 was not denied as also the fact that Sh. Biresh Manjhi died as a result of the accident. The subject vehicle was insured with the appellant for the period from 2.3.2011 to 1.3.2012 and additional premium was paid for the coverage under the Act.