UNITED INDIA INSURANCE CO LTD vs ZAMIL AHMED & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23 April 2025 Judgment pronounced on: 13 May 2025 + FAO 392/2017 & CM APPL. 36775/2017 UNITED INDIA INSURANCE CO LTD .....Appellant Through: Ms. Khushi Sachdeva, Proxy Counsel Versus ZAMIL AHMED & ANR. .....Respondents Through: None. HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. The appellant/insurance company has preferred this appeal under Section 30 of the Employee’s Compensation Act, 1923 [“EC Act”] for setting aside/quashing of judgment-cum-award dated 14.02.2017 passed by the learned Commissioner, Employee’s Compensation [“Commissioner”], allowing the claim petition of the respondent No.1/claimant on account of his death on the intervening night of 16/17.09.2009 during the course of his employment. 2. Briefly stated, it was claimed that the claimant/respondent No. 1 was employed as a driver by respondent No. 2, operating an Auto TSR bearing registration No. D1-IRL-1550; and that on the intervening night of 16/17.09.2009, at around 1:00 A.M., the claimant was returning home from ISBT via Outer Ring Road and when he reached near the FAO 392/2017 Page 1 of 10 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:14.05.2025 11:39:18 red light at Gopalpur on Outer Ring Road, the driver of a tempo, which was moving ahead of the TSR, suddenly applied brakes and stopped and as a result, the TSR being driven by the claimant collided with the tempo and in the melee an unknown truck ran over the claimant’s left leg, resulting in crush injuries to the left leg besides fractures to the 4th, 5th, and 6th ribs on the left side, and the 2nd and 3rd ribs on the right side. It was stated that the injured was initially admitted to the Trauma Center and later referred to J.P.N.