NEW INDIA ASSURANCE CO LTD Vs. GYANTI DEVI

JUDGEMENT

(1.) PRESENT appeal has been preferred against the judgment and award dated 31 -82005 passed by the Commissioner, Workmen's Compensation, Haldwani, Nainital.

(2.) CLAIMANT respondent no. 1 filed a claim petition under Workmen Compensation Act, for the grant of compensation on account of the death of her husband late Krishna Bahadur Thapa in an accident. According to the claimant her husband was driver on the Tractor of respondent no. 2 S.N.T. Plywood Industries Pvt. Ltd. Gadarpur, District Udham Singh Nagar. On 3 -11 -2003 his tractor met with an accident resulting the death of Sri Krishna Bahadur Thapa. At the time of his death Sri Krishna Bahadur Thapa was 36 years of age. He was getting Rs. 4,000/ - per month as salary. Information of the accident was given to the respondent no.2, Manager, S.N.T. Plywood Industries Pvt. Ltd.

(3.) RESPONDENT no. 2 S.N.T. Plywood Pvt. Ltd. filed its written statement and admitted the alleged accident. It was submitted that the deceased was its employee and was getting Rs. 4,000/ - per month as salary. The tractor was validly insured with the New India Assurance Company. The driver had valid driving licence and the insurance company is liable to pay compensation, if any, to the claimant.