Mst.Param Pal Singh Tr.Father vs M/S National Insurance Co.& Anr

3. At the very outset, it is required to be stated that the appellant claimed himself to be the adopted son of the deceased Jeet Singh @ Ajit Singh. According to the claimant the deceased Jeet Singh @ Ajit Singh was employed as Truck Driver by the second respondent herein to drive truck bearing No.DL-IG-8255. It is stated that in July 2002 the deceased Jeet Singh @ Ajit Singh was assigned the duty of driving the abovesaid truck in connection with the trade and business of the second respondent from Delhi to Nimiaghat, that on 17.07.2002 when the vehicle reached near about the destination Nimiaghat, District Giridih, the deceased suffered a health set-back and therefore he parked the vehicle on the road side of a nearby hotel. It is further stated that immediately after parking the vehicle he fainted and the persons nearby took him to the hospital where the doctors declared that he was brought dead. An FIR was stated to have been lodged with the police and thereafter the postmortem was conducted at Civil Hospital, District Giridih. The said truck was insured with the first respondent herein. In the abovesaid background the appellant preferred the application before the Commissioner of Workmen’s Compensation, Delhi contending that the death of the deceased was in the course of his employment with the trade and business of the second respondent and that his death was due to stress and strain while driving the said truck continuously over a period of time. It was further claimed that at the time of his death the deceased was drawing wages at the rate of Rs.3091/- per month apart from a sum of RS.50/- per day as allowances and in all a sum of Rs.4591/- per month. The age of the deceased was stated to be 45 years at the time of his death. Appellant also claimed interest @ 12% p.a from the date of accident till realization apart from claiming penalty.

17. On merits to retrace the facts, the deceased Jeet Singh @ Ajit Singh was employed as truck driver by the second respondent. His services were utilized for driving the truck belonging to the second respondent bearing No.DL-IG-8255. The deceased was driving the said truck in connection with the commercial transport operation of the second respondent from Delhi to Nimiaghat on 17.07.2002. According to the claimant when the truck reached the near about of Nimiaghat, District Giridih, the deceased felt giddy and, therefore, parked the vehicle on the road side near a hotel and soon thereafter he stated to have fainted. The deceased was removed to a nearby hospital where the doctors declared him brought dead. An FIR was lodged with the Police Station, Nimiaghat in FIR No.7/2002 dated 18.07.2002. The postmortem was stated to have been conducted on 19.07.2002 and thereafter the dead body was taken to his native place for performing last rites. The claimant in his application before the Commissioner submitted that the death of the deceased was due to the strain and stress of continuous driving in the course of his employment with the second respondent, that the vehicle which he was driving bearing No.DL-IG-8255 was insured with the first respondent vide covering note No.0968499 for the period of 14.02.2002 to 13.02.2003 and that an additional premium was also paid for coverage of compensation payable under the Workmen’s Compensation Act. The claimant, as an adopted son of the deceased, claimed compensation as his dependant.

I always have a great affection for him. I want that whatever I leave behind be owned by Parampal Singh. I, in the presence of all respected persons and Panchayat, adopt Master Parampal Singh as my son and in the ceremony goods and sweets are distributed for the happiness of one and all.

28. Having regard to the evidence placed on record there was no scope to hold that the deceased was simply travelling in the vehicle and that there was no obligation for him to undertake the work of driving. On the other hand, the evidence as stood established proved the fact that the deceased was actually driving the truck and that in the course of such driving activity as he felt uncomfortable he safely parked the vehicle on the side of the road near a hotel soon whereafter he breathed his last. In such circumstances, we are convinced that the conclusion of the Commissioner of Workmen’s Compensation that the death of the deceased was in an accident arising out of and in the course of his employment with the second respondent was perfectly justified and the conclusion to the contrary reached by the learned Judge of the High Court in the order impugned in this appeal deserves to be set aside. The appeal stands allowed. The order impugned is set aside. The order of the Commissioner for Workmen’s Compensation shall stand restored and there shall be no order as to costs.

December 14, 2012