THE ORIENTAL INS. CO. LTD. vs SMT. KAMLA DEVI & ORS.

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25th March, 2025 + FAO 76/2022 and CM APPL. 14536/2022 THE ORIENTAL INS. CO. LTD. .....Appellant Through: None. versus SMT. KAMLA DEVI & ORS. .....Respondents Through: Mr. R.K. Nain, Mr. Chandan Prajapati and Mr. Daksh Nain, Advs. for R-1 to R-3 Mr. Mahee Arora and Mr. Tehzibur Rehman, Advs. for R- 4. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. No one appeared on behalf of the appellant/Insurance Company when the matter was called. 2. Having heard the learned counsel for respondents No. 1 to 3, who are claimants as well as learned counsel for the respondent No.4 and on perusal of the record, this Court proceeds to decide the present appeal. 3. In a nutshell, the deceased Ramesh Singh, s/o Sh. Rattan Singh, was evidently employed as a driver by respondent No.4 on a truck bearing No. PB-10-BV-4954, which met with an accident on 02.06.2014, arising out of and during the course of his employment, when the truck collided with another vehicle, resulting in the truck catching fire and he was burnt alive in the mishappening. Signature Not Verified FAO 76/2022 Digitally Signed By:PRAMOD Page 1 of 3 KUMAR VATS Signing Date:26.03.2025 15:42:27 4. Learned Commissioner, Employees’ Compensation allowed the claim for compensation filed on behalf of the respondents No.1 to 3/claimants and assessed the compensation to the tune of Rs. 7,88,240/-, besides making them entitled to claim interest as per Section 4 A of the Employees’ Compensation Act, 1923 1 @ 12% p.a. from 30 days after the accident till its realization. 5. Further, considering the delay on the part of respondent No.4 in making the interim compensation to the family of the deceased driver, a penalty of Rs. 1,97,060/- was imposed up