M/S AMBALA PATIALA TRANSPORT CO vs PRATAP SINGH

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.03.2026 + FAO 389/2016 & CM APPL. 29552/2016 M/S AMBALA PATIALA TRANSPORT CO .....Appellant Through: Ms.Ekta Choudhary, Ms.Rushali Sikand and Mr.Ankur Anand, Advocates versus PRATAP SINGH .....Respondent Through: Mr.R.K.Nain with Mr.Chandan Prajapati, Mr.Daksh Nain and Mr.Karan Sharma, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The appellant, being the employer, has preferred the present appeal assailing the impugned award dated 21.05.2015 passed by the learned Commissioner under Employee's Compensation Act, 1923 (hereinafter referred to as the „EC Act‟), whereby the claim for death compensation was allowed. The employer was directed to pay a sum of Rs.3,94,120/- along with 12% simple interest from the date of the accident till its realization. The impugned award came to passed in the context of claim seeking the death compensation by the parents of one, Balbir Singh (hereafter referred to as the „deceased‟). 2. It was claimed that the deceased was employed as a driver on the vehicle bearing No. HR-55-2008, owned by the employer, and that he died out of and during the course of his employment. It was averred that the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 389/2016 Pg. 1 of 7 Signing Date:02.04.2026 19:34:39 deceased, on the instructions of his employer, who was in the transport business, undertook an occupational trip from Delhi to Kolkata after getting the vehicle loaded with cycle parts. He was the only driver on the truck. When he reached Aligarh, the engine of the said vehicle broke down. The deceased, who was already under work pressure, fell ill. The vehicle remained parked on the roadside, and despite all efforts, the engine could not be repai