THE ORIENTAL INSURANCE CO LTD vs SH RAVINDER KUMAR & ANR.

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 09th May, 2025 + FAO 193/2020, CM APPL. 27169/2020, CM APPL. 27047/2022, CM APPL. 52000/2024, CM APPL. 53126/2024 & CM APPL. 23463/2025 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Adv. versus SH RAVINDER KUMAR & ANR. .....Respondents Through: Mr. Pankaj Gupta, Adv. for R- 1. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and upon perusal of the record, this Court proceeds to decide the present appeal. 2. The appellant/Insurance Company has preferred the present appeal under Section 30(1)(a) & (aa) of the Employee’s Compensation Act, 1923, thereby challenging the impugned judgment-cum-award dated 05.02.2020 passed by the learned Commissioner, Employee’s Compensation, District South, Delhi. By the said judgment, the claim of respondent No.1/workman/claimant seeking compensation for injuries sustained in the course of his employment with respondent No.2 was allowed, and compensation of ₹7,01,760/- has been awarded along with interest @ 12% per annum from the date of the accident, i.e., 17.01.2013, till realization. FACTUAL BACKGROUND 3. In a nutshell, the case of respondent No.1/workman/claimant Signature Not Verified FAO 193/2020 Digitally Signed By:PRAMOD Page 1 of 4 KUMAR VATS Signing Date:20.05.2025 16:54:26 was that he was employed as a driver on Tank Lorry bearing No. BR- 16A-1100, owned by respondent No.2/insured; and that on 17.12.2012, after unloading diesel from the said vehicle at Shanshyam Pur (Madhubani), while he was driving towards Barauni, Begusarai, a cow suddenly emerged onto the road near village Vikrampur, Begusarai; and that in an attempt to save the cow, the vehicle was steered to the l