THE NATIONAL INSURANCE CO. LTD. vs AMARJEET KAUR & ANR.

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th April, 2025 + FAO 1/2021 & CM APPL. 130/2021 THE NATIONAL INSURANCE CO. LTD. .....Appellant Through: Mr. Aditya Singh, Mr. Shubham Singh and Mr. Kamal Kishor, Advs. versus SMT. AMARJEET KAUR & ANR. .....Respondents Through: Mr. R.K. Nain and Ms. Pratima N. Lakra, Advs. for R-1 Mr. Manish Kumar, Adv. for R-2/Paramjeet Kaur CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The appellant/Insurance Company has preferred this appeal under Section 30 of the Employee’s Compensation Act, 1923 1 for setting aside/quashing of judgment-cum-award dated 16.09.2020 passed by the learned Commissioner, Employee’s Compensation, thereby allowing the claim petition of the respondent No.1/claimant/widow of deceased Dayal Singh on account of his death on 08.02.2017 during the course of his employment. 2. Shorn of unnecessary details, the respondent No.1/claimant claimed that her husband Dayal Singh S/o Sh. Jagir Singh was employed as a driver on vehicle bearing No. HR-46C-8180-Truck, 1 E.C. Act Signature Not Verified FAO 1/2021 Digitally Signed By:PRAMOD Page 1 of 7 KUMAR VATS Signing Date:01.05.2025 13:10:03 which was owned by Sh. Mukhtyar Singh; and that on 08.02.2017, when her husband was driving the said truck during the course of his employment, the truck met with an accident within the jurisdiction of PS: Old Shalley, District Gurdaspur, Punjab and sustained fatal injuries. 3. Evidently, the said truck was insured with the appellant/Insurance Company for the period of 01.06.2016 to 31.05.2017. 4. Suffice to state that the learned Commissioner, Employee’s Compensation found that there existed a relationship of employer and employee between the deceased and the registered owner of the vehicle.