Monthly income includes salary plus proven daily dietary allowance; statutory interest @12% from one month post-accident till deposit; insurer liable to pay compensation for insured vehicle absent policy breach.

JUDGMENT :

Sushil Kukreja, J.

Since both these appeals are the offshoots of impugned order dated 26.08.2023, passed by learned Employees Compensation Commissioner, Court No. 1, Mandi, H.P. (hereinafter referred to as the learned Commissioner), they are taken up together for consideration and disposal.

2. Appellant-National Insurance Company Limited, who was respondent No. 2 before the learned Commissioner below, maintained appeal (FAO No. 322 of 2023) under Section 30 of the Employee’s Compensation Act (for short “the Act”), against award dated 26.08.2023, passed by learned Commissioner below under Employee’s compensation Act, in Case Registration No. 1 of 2021, whereby the learned Commissioner allowed the petition filed by Smt. Mala Vati (one of the respondents herein), who was petitioner (claimant) before the learned Commissioner below, under Section 3 read with Section 22 of the Act and granted her compensation to the tune of Rs.24,36,588/-, with a prayer to quash and set-aside the impugned award by dismissing the claim petition filed by the petitioner/claimant.

3. One of the respondents before the learned Commissioner below, Smt. Girja Thakur (owner of the vehicle) also filed appeal, i.e., FAO No. 188 of 2025, against the impugned award passed by the learned Commissioner below, with a prayer to quash and set-aside the impugned award passed by the learned Commissioner below.

4. As per the award passed by the learned Commissioner below, the respondents, i.e., Smt. Girja Thakur (owner of the vehicle) and National Insurance Company Limited (insurer) were saddled to pay the aforesaid amount of compensation to the petitioner/claimant.

5. The facts giving rise to the instant appeals can be encapsulated as under:

5(a). Petitioner-Smt. Mala Vati filed a petition before the learned Commissioner below under Section 3 read with Section 22 of the Act seeking compensation. As per the petitioner, deceased-Pritam Singh was her son, and he was employed by Smt. Girja Thakur (respondent No. 1 before the learned Commissioner below) as Driver to drive vehicle bearing registration No. HP-65B-0909. The deceased had authorization to drive the class of vehicle whereupon he was employed to drive the vehicle in question by respondent No. 1. The salary of the deceased was Rs.8000/- per month. On 20.10.2020, the deceased was driving the aforesaid vehicle and going towards Gohar via Kelodhar-Bassi and there were other occupants in the vehicle as well. When the vehicle of the deceased reached near Dharot, due to mechanical fault, it rolled down the hill and consequently the deceased died on the spot and predecessor of respondent No. 1-Smt. GirjaThakur, in an injured condition, was brought to CHC, Gohar, District Mandi, H.P., wherefrom he was shifted to Zonal Hospital, Mandi, H.P. and ultimately to IGMC, Shimla, where he died on 24.10.2020. As per the petitioner, the accident occurred during the course of employment. At the time of the accident, respondent No.2 (National Insurance Company Limited) was the insurer of the vehicle in question. The deceased was hale and hearty man of 35 years and he used to earn Rs.8000/- per month, being driver of respondent No. 1 and Rs.12000/- per month from agriculture and other allied works. He was sole bread winner of the family, as he used to spend his entire salary towards the maintenance of the petitioner. Lastly, the petit