NATIONAL INSURANCE COMPANY LIMITED Vs. CHHOTU RAM

JUDGEMENT

(1.) The present appeal has been preferred by the appellants being aggrieved by the order dated 23.9.1996 passed by the Commissioner, Workmen's CompensationDelhi in case No.WCD-102/1992 whereby the Commissioner has awarded compensation of a sum of Rs.88,548.00 together with penal compensation amounting to 50% of the compensation i.e. Rs.44,274.00 and interest at 6% per annum on the principal amount from the date of the petition in favour of the Respondents.

(2.) The Respondents namely - Shri Chhotu Ram and Smt. Saroj Devi filed a petition before the Commissioner, Workmen's Compensation contending inter alia that the deceased - Mahabir Singh was employed with Sliri Devender Singh, Respondent No. 3 as driver and he used to drive the Matador bearing No.DL-IL-4009 and was getting salary of Rs.2,220- per month besides Rs.20.00 per day as daily allowance. The vehicle of Respondent No. 3 was insured with the appellant during the period having a valid policy. It was also stated that on 4.9.1992 while the deceased, Mahabir Singh was on, duty and was driving the aforesaid matador, he met with an accident due to the mechanical defect in the vehicle and thereby sustained injuries on his body and died on 16.9.1995 due to the said injury. It is stated that the claimants were dependant on the aforesaid deceased for finance at the time of his death, and that at.the time of his death the age of the deceased was 22 years. The claimants claimed Rs.l,58,376.40 as compensation and Rs.22,000.00 as medical expenses and interest @ 18% per annum pendents lite and future on the aforesaid amount from the date of the application.

(3.) The aforesaid petition was contested by the appellant as also by Respondent No. 3 herein and on the pleadings .of the parties following issues were framed by the Commissioner, Workmen's Compensation:- (1) What amount of Compensation the petitioners are entitled for? (2) Relief.