NATIONAL INSURANCE COMPANY LTD. , ALLAHABAD v. ASSHIYA
2018-02-07
BALA KRISHNA NARAYANA, IRSHAD ALI
body2018
DigiLaw.ai
JUDGMENT : Heard learned counsel for the parties. This first appeal from order has been filed by National Insurance Co. Ltd. challenging the judgement and award dated 26.11.2012 passed by the Commissioner under the Employees Compensation Act, 1923/Assistant Labour Commissioner, Jhansi region, Jhansi in W.C. Case No. 23 of 2011 whereby compensation of Rs. 5,31,273/- along with 12% interest was awarded. Brief facts of the case are that on 11.4.2011 under the direction of employer, deceased Habib Khan was going from Jhansi to Gursarai on Bolero Jeep bearing registration no. U.P. 93 S-0601 when at about 8.30 p.m. his Bolero Jeep dashed against a 'pullia' while trying to avoid collision with a tractor due to which the driver Habib Khan was seriously injured and was admitted in Safdarganj Hospital, New Delhi where he died on 19.4.2011. The respondent claimant filed a claim under the Workmen's Compensation Act, 1923 before the Tribunal/Deputy Labour Commissioner, Jhansi region, Jhansi, who, after examining the material on record and considering the evidence placed before him, has awarded compensation of Rs. 5,31,273/-. The National Insurance Company has filed the present First Appeal From Order challenging the said award dated 26.11.2012 on several grounds. We have perused the impugned judgement and award and material on record. The Tribunal has recorded cogent reasons for awarding the compensation to the respondents claimant and has not committed any illegality or infirmity in passing the impugned award. Thus, we decline to interfere with the impugned judgement and award dated 26.11.2012. In view of the above, the appeal lacks merit and is hereby dismissed.