VINA DEVI & ORS vs SUDHIR NARWAL & ORS

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th May, 2025 + FAO 592/2016 VINA DEVI & ORS .....Appellants Through: Mr. Anshuman Bal, Adv. versus SUDHIR NARWAL & ORS .....Respondents Through: None for R-1 Ms. Hetu Arora Sethi and Mr. Arjun Basra, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The appellants, who are the widow, two children and the mother of the deceased Vikash Kumar, aged about 25 years at the time of the accident, have preferred the present appeal under Section 30 of the Employees’ Compensation Act, 1923 [‘E.C. Act’], challenging the judgment-cum-award dated 19.08.2016 passed by the learned Commissioner, Employees’ Compensation, Labour Department, New Delhi, whereby the claim petition filed by the appellants under Section 22 of the E.C. Act on account of the death of deceased Vikash Kumar in a road accident on 23.12.2014 was dismissed. 2. No one appeared on behalf of the respondent No.1 when the matter was called. 3. Having heard the learned counsel for the appellants as well as the learned counsel for respondent No.2/Insurance Company, and upon perusal of the record, this Court has no hesitation in holding that Signature Not Verified FAO 592/2016 Digitally Signed By:PRAMOD Page 1 of 7 KUMAR VATS Signing Date:14.05.2025 17:27:39 the impugned judgment-cum-award dated 19.08.2016 cannot be sustained in law. 4. In a nutshell, the case of the appellants/claimants was that the deceased Vikash Kumar was employed as a driver with respondent No.1 and was driving truck No. HR-37-C-8736 on 23.12.2014 when it met with an accident at 6:30 PM at Piyau Maniyari, G.T. Road, Haryana, under the jurisdiction of P.S. Sonipat. He succumbed to his injuries on 25.12.2014, on which date the matter was reported to th