NATIONAL INSURANCE COMPANY LTD Vs. BHADI DEVI

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act filed by the Insurance Company against the judgment and award dated 26th October, 2004 passed by District Magistrate/Workman Compensation Commissioner, Rudraprayag in W.C. Case No. 02 of 2003 between Smt. Bhadi Devi and others v. National Insurance Company Ltd. and another.

(2.) Brief facts of the case are that Sri Rajendra Singh was working as a driver in Mahindra Pick-up Van bearing registration No. UA 0715/0127. Smt. Sushila Devi was the owner of the said vehicle According to the claimant, her husband Shri Rajendra Singh has died on 26th October 2002 during the course of employment under the owner of the vehicle. It as further alleged by the claimant that the age of her husband was 38 years and was earning Rs. 3,000/- per month at the time of the accident. In the claim petition it has further alleged that the whole family is dependent on the deceased. Therefore, she filed a claim petition for Rs. 5,00,000/- as compensation.

(3.) National Insurance Company - appellant/opposite party No.1 filed its written statement denying the allegations of the claim petition. It has been stated in the written statement that the said accident took place due to rash and negligent driving of its driver. It has further alleged that the owner of the vehicle violated the terms of policy. Therefore, the Insurance Company is not liable to pay any compensation.