Valmiki J. Mehta, J. (Oral)

CM No. 8497/2013 (delay 25 days)

For the reasons stated in the application, delay is condoned.

CM stands disposed of.

FAO 234/2013 & CM No. 8498/2013(stay)

1 This first appeal is filed under Section 30 of the Employees’ Compensation Act, 1923 (in short ‘the Act’) by the insurance company impugning the judgment dated 22.1.2001 by which the claim petition filed by the dependants of the deceased Sh. Rakesh Yadav, employee/driver, was allowed.

2. The facts as pleaded in the claim petition were that the deceased Sh. Rakesh Yadav was employed with Gopi Chand, respondent no.1 before the Commissioner (respondent no.7 herein), to drive the vehicle TATA 407 No. UP-17-C-0540. The salary of the employee Rakesh Yadav was Rs.4500/- and a daily allowance of Rs.50/- per day. It was pleaded in the claim petition that on 1.5.2008 in the morning owner/Sh. Gopi Chand insisted that deceased employee drive the vehicle for supplying of milk to certain areas and which the deceased refused because he knew that there was a dispute between Gopi Chand and certain persons in the area and thus a mishappening may occur. However, on being compelled, the deceased Rakesh Yadav took t