THE NATIONAL INSURANCE CO. LTD. vs HARENDRA SINGH @ HARENDRA CHAUDHARY & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27 March 2025 Judgment pronounced on : 17 April 2025 + FAO 149/2022 & CM APPL. 24971/2022 THE NATIONAL INSURANCE CO. LTD. ….Appellant Through: Mr. Pankaj Seth, Adv. versus HARENDRA SINGH @ HARENDRA CHAUDHARY & ANR. ....Respondents Through: Mr. R.K. Nain and Mr. Chandan Prajapati, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. This appeal has been preferred by the appellant/insurance company assailing the impugned order/judgment dated 13.10.2021 passed by the learned Commissioner, Employees’ Compensation, North-District, New Delhi [“Commissioner”], whereby the claim for compensation filed by the respondent No. 1/claimant/workman was allowed, granting a total compensation of Rs. 10,33,344/-, along with a penalty amount of Rs.2,58,336/- under section 4A(3)(b) of the Employees’ Compensation Act, 1923 1, payable with interest @ 12% 1 EC Act FAO 149/2022 Page 1 of 21 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:17.04.2025 16:54:23 per annum with effect from 25.07.2015 till its realization. The liability for payment was fastened upon the shoulders of the appellant/insurance company. FACTUAL MATRIX: 2. Shorn off unnecessary details, admittedly, the respondent No.1/claimant/Sh. Harendra Singh @ Harendra Chaudhary, S/o Sh. Ranvir Singh, was employed as a driver of vehicle bearing registration number HR-55-J-5412, a truck owned by Sh. Nikhil Gill/Respondent No. 2. On 25.06.2015, the vehicle was engaged on a business trip from Meerut to Pune (Maharashtra), carrying a consignment of sports (gym) goods, with the claimant designated as the driver. At approximately 7:30 P.M., while operating the vehicle near Nanoo, Hathras Road, a truck approaching fr