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HEMANT GUPTA, V. RAMASUBRAMANIAN
Shahajahan – Appellant
Versus
Ram Gen Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. employment status of deceased driver. (Para 2 , 3 , 4) |
| 2. high court's interference with factual findings. (Para 6 , 7 , 8) |
| 3. restoration of commissioner's award. (Para 9) |
| 4. conclusion and allowance of the appeal. (Para 10 , 11) |
ORDER :
1. Leave granted.
2. The challenge in the present appeal is to an order passed by the High Court of Delhi on 28.05.2018, whereby an appeal under Section 30 of the Employees Compensation Act, 1923 was allowed and the Award of compensation by the Commissioner of Rs.4,48,000/- along with a simple interest at the rate of 12% from 15.08.2009 was set aside.
3. As per the appellants, the deceased was the second driver on a vehicle owned by Respondent No.2. The main driver was Kala, son of Shaukat Ali. It was on 15.07.2009, the truck owned by Respondent No. 2, met with an accident in which one Abrar lost his life.
4. Before the Commissioner, the claimants examined mother of the deceased Shahajahan (AW1) and Sarfraj (AW2), brother of the deceased. The witnesses produced by the appellants were cross-examined, but no incriminating circumstances came into light. In fact not even a suggestion was put to the two witnesses examined by the claimants
Death in course of employment – Finding of fact recorded by Commissioner to the effect that deceased was employee of owner of vehicle which met with accident, cannot be interfered with by High Court.
The central legal point established in the judgment is that the driving license status of the deceased did not absolve the employer or the Insurance Company from liability to pay compensation under t....
An insurance company must fulfill its obligations under the policy unless there’s clear evidence of breach impacting liability.
Long spells of driving can be a material contributory factor for untimely death of Driver.
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