J U D G M E N T

1. This judgment shall decide the present appeal filed by the appellant/Insurance Company under Section 30 of the Employee‟s Compensation Act, 19232 assailing the impugned order dated 31.07.2019 passed by Employee‟s Compensation Commissioner3 in case No. CEC/WD/D146/16 titled as „Hari Prasad Kamkar & Ors. v. Deepak Brara & Ors.‟, whereby the claim for compensation filed by the claimants/respondent Nos. 1 to 3 for death of one Dhan Bihari was allowed.

1 Written submissions filed on 20.11.2023

2 EC Act

3 Commissioner

FACTUAL BACKGROUND:

2. Briefly stating, the victim/deceased Dhan Bihari was son of respondent No.1 and brother of respondent Nos. 2 and 3. It was the case of the claimants that the deceased was employed as a cleaner with respondent No.2 (respondent No.4 in the present appeal)4, who was the owner of truck bearing No. HR55J-0747, who left from Calcutta for Delhi on a commercial trip; and that in the intervening night of 13th and 14th September 2016 the truck reached Thandi Poyau Chowki under jurisdiction of P.S. Kotwali Kehat, Distt. Bulandshar, Uttar Pradesh, where all of sudden a Nilgai came infront of the moving truck and in order to save it, the truck driver